CENTRAL INFORMATION COMMISSION
Club Building, Near Post Office
Opp. Ber Sarai Market, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC/SG/C/2009/000416/3816
Complaint No. CIC/SG/C/2009/000416
Complainant : Mr. Sayamol Mukherjee
R/o K-201, Palam Apartments
Village Biswasan
New Delhi-110061
Respondent : Public Information Officer
Municipal Corporation of Delhi
Najagarh Zone, New Delhi-110043
Facts
arising from the Complaint:
Mr. Sayamol Mukherjee had filed a RTI application with the PIO at the Municipal
Corporation of Delhi, Najafgarh Zone, New Delhi on 16/11/2007 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 05/05/2009 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 July 10, 2009.
The PIO’s action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to submit a written explanation showing 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 05, 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 23, 2009
(Please refer to the above mentioned decision number in case of any further communication)