CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000840/9357
Complaint No. CIC/SG/C/2010/000840
Complainant : Ms. Fatma,
D-76, J.J.Colony, Savda Ghevra,
New Delhi-110 081
Respondents : (1) PIO & Assistant Commissioner (North West),
Department of Food and Supplies,
Government of NCT of Delhi
C- Block, Pocket -C
Shalimar Bagh, New Delhi-110088
(2) Deemed PIO & F.S.O
Department of Food and Supplies,
Government of NCT of Delhi
F.S.O Circle - 08, Rajendra Park,
Mundka, Nangloi, New Delhi-110081
Facts
arising from the Complaint:
Ms. Fatma, had filed an RTI application with the Public
Information Officer, Department of Food and Supplies, Govt. of NCT of Delhi, Shalimar
Bagh, Delhi on 23/12/2009 asking for certain information. However, on not having received
any information within the mandated time, she filed a complaint under Section 18 of the RTI
Act with this Commission. On this basis, the Commission issued a notice to the PIO on
28/06/2010 with a direction to provide the information to the Complainant and further sought
an explanation for not furnishing the information within the mandated time.
The Commission is in receipt of a copy of a letter dated 16/07/2010 from the deemed
PIO & FSO, Circle – 8; wherein the information has been provided to the Complainant. The
Commission observes that appropriate information has not been provided with respect to
Query no. 01 of the RTI application. The deemed PIO should have sought assistance under
Section 5 (4) of the RTI Act from the concerned official(s) who could be the custodian of the
information sought and thereby making it available to the Complainant
The deemed PIO & FSO has also attached a copy of an earlier letter dated 25/03/2010
addressed to the PIO & AC (North West), Department of Food and Supplies, Delhi, wherein he
has provided the information requested in the RTI application. It appears that the deemed PIO
& FSO had provided the information to the PIO & AC, but the same was not sent by the PIO to
the applicant.
Further more, no explanation has been received from the PIO and deemed PIO
for the delay. Prima Facie, there appears to be a delay of over 180 days in providing the
information with regard to the RTI Application.
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Decision:
The Complaint is allowed.
In view of the aforesaid, the deemed PIO & FSO is hereby directed to seek assistance
under Section 5(4) of the RTI Act from the concerned officials(s) and provide the certified
copies of the information to the Complainant before 30/09/2010 with a copy to this
Commission. Further, from the facts before the Commission it is apparent that the PIO & AC
and the deemed PIO & FSO have failed to comply with the provisions of the RTI Act and are
guilty of not furnishing the information within the time limit specified under sub-section (1) of
Section 7, by not replying within 30 days, as per the mandate of the Act. It appears that the
PIO’s actions attract the penal provisions and disciplinary action of Section 20 (1) and (2).
The PIO & AC (North West), deemed PIO & FSO are hereby directed to be present
before this Commission on 4th October 2010 at 04:30 pm along with written submissions to
showcause why penalty should not be imposed and disciplinary action recommended against
them under Section 20 (1) and (2) of the RTI Act. Further, the PIO and deemed PIO are
directed to serve this notice to any other official(s) who are responsible for this delay in
providing the information, and direct them to be present before the Commission along with
them on the aforesaid scheduled date and time. The PIO’s should also bring along proof of
seeking assistance from other official(s), if any.
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
15 September 2010
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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