CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001115/10002
Complaint No. CIC/SG/C/2010/001115
Complainant : Mr. M N Bhattacharya
D-403, Prince Apartment
54, IP Extension, Delhi- 110092
Respondent : Public Information Officer
O/o Dy Secretary LA/SPIO
Land Acquisition Branch, Lands &
Buildings Department, GNCTD, D-Block
Vikas Bhawan, New Delhi 110002.
Events Chronologically:
• RTI Application - 23/06/2010
• No information provided by the PIO
• Complaint - 22/08/2010
• Notice - 10/09/2010
- Information to be provided
to the Complainant before - 05/10/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 15/10/2010
• Response of the PIO
to the Notice - NIL
Facts
arising from the Complaint:
Mr. M N Bhattacharya had filed a RTI application with the SPIO, Land Acquisition
Branch, on 23/06/2010 asking for certain information. However on not having received the
information within the mandated time, the Complainant filed a complaint under Section 18 of
the RTI Act with the Commission. On this basis, the Commission issued a notice to the PIO,
O/o Dy Secretary LA/SPIO, on 10/09/2010 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 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 made is that the
PIO has deliberately and without any reasonable cause refused to give information as per the
provisions of the RTI Act. Failure on the part of the PIO to respond to the Commission’s notice
shows that there is no reasonable cause for the refusal of information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the complete information
with regard to the RTI Application dated 23/06/2010 to the Complainant before 21/11/2010
with a copy to the Commission. Proof of dispatch of information should be sent to the
Commission before 26/11/2010. Further, the PIO is directed to submit a written explanation 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 26/11/2010.
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
2nd November, 2010
Encl: RTI Application dated 23/06/2010
(In any correspondence on this decision, mention the complete decision number.)(JA)