Mr. Rajendra Singh vs Public Work Department, Govt. Of … on 5 June, 2009

                       CENTRAL INFORMATION COMMISSION
                           Club Building, Near Post Office
                                 Old JNU Campus,
                                New Delhi - 110067.
                               Tel : + 91 11 26161796

                                                              Decision No. CIC/SG/C/2009/000189/3578
                                                                Complaint No. CIC/SG/C/2009/000189

Complainant                                :        Mr. Rajendra Singh,
                                                    B-249, Delhi Prasashan Awaas,
                                                    Timarpur, New Delhi 110 054

Respondent                                  :       Public Information Officer,
                                                    Executive Engineer, Public Work Department,
                                                    Govt. of NCT of Delhi,
                                                    (CBMD) Div: M323,
                                                    ISBT, Kashmiri Gate
                                                    New Delhi - 110 006
Facts arising from the Complaint:
        Mr. Rajendra Singh had filed a RTI application with the PIO, Public Works Department,
GNCT of Delhi on 22/09/2008 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. The Commission issued a notice to the PIO on 23/03/2009 asking him to supply
the information and sought an explanation for not furnishing the information within the
mandated time.
        The Commission has neither received a copy of the information sent to the complainant,
nor has it received any explanation from the PIO for not supplying the information to the
complainant. Therefore, the only presumption that can be derived is that the PIO has deliberately
and without any reasonable cause refused to give information as per the provisions of the RTI
Act. His failure to respond to the Commission's notice shows that he has no reasons for the
refusal of information.

Decision:
The Complaint is allowed.
       The PIO will send the complete information to the complainant before June 25, 2009.
The PIO's action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to submit a written explanation as to show cause as to why penalty should not be
imposed and disciplinary action be recommended against him under Section 20 (1) & (2) of the
RTI Act before June 30, 2009.
       If the information has already been supplied to the complainant, furnish a copy of the
same to the Commission with your written submission.

Notice of this decision be given free of cost to the parties.
.

Shailesh Gandhi
Information Commissioner
June 05, 2009.

For any further communication with the Commission please mention the decision No. given at the top.