Central Information Commission Judgements

Mr. B.N. Singh vs Government Of Nct Of Delhi on 12 October, 2009

Central Information Commission
Mr. B.N. Singh vs Government Of Nct Of Delhi on 12 October, 2009
                     CENTRAL INFORMATION COMMISSION
                         Club Building (Near Post Office)
                       Old JNU Campus, New Delhi - 110067
                              Tel: +91-11-26161796

                                                            Decision No. CIC/SG/C/2009/001150/5132
                                                              Complaint No. CIC/SG/C/2009/001150

Complainant                                      :          Mr. B.N. Singh,
                                                            U-90, Shakkarpur, Delhi-110092

Respondent                                        :         Public Information Officer
                                                            Government of NCT of Delhi
                                                            O/o the Deputy Labour Commissioner,
                                                            DTC Colony (Oppo. Hari Nagar Depot),
                                                            Pratap Nagar, New Delhi-110064

Facts

arising from the Complaint:

Mr. B.N. Singh had filed a RTI application with the PIO-GNCTD, O/o the
Deputy Labour Commissioner, DTC Colony, Pratap Nagar, New Delhi on 18/04/2009
asking for certain information. Since no reply was received within the mandated time of
30 days, he had filed a complaint under Section 18 to the Commission on 22/08/2009.

The Commission issued a notice to the PIO on 22/08/2009 asking him to supply
the information by 16/09/2009 and sought an explanation for not furnishing the
information within the mandated time. The PIO has informed the Commission vide a
letter dated 09/09/2009 that the reply of the RTI Application dated 18/04/2009 has been
sent to the Complainant on 08/09/2009.

Decision:

Complaint is allowed.

The issue before the Commission is of not supplying the information by the PIO
within 30 days as required by the law.  

From the facts before the Commission it is apparent that the PIO is guilty of not
furnishing the information within the time specified under sub-section (1) of Section 7 by
not replying within 30 days, as per the requirement of the RTI Act. It appears that the
PIO’s action attracts the penal provisions of Section 20 (1) and Section 2 (2). The
Commission directs the PIO to appear before the Commission at the above-mentioned
address on 06/11/2009 at 02:30 p.m. along with the written submissions to show cause
why penalty should not be imposed on him under Section 20 (1) of the RTI Act.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.

Shailesh Gandhi
Information Commissioner
12 October, 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)