CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000670/4265
Complaint No. CIC/SG/C/2009/000670
Complainant : Mr. Om Prakash Gupta
H.No. 628, Sector-19,
Faridabad - 121002,
Haryana
Respondent : Public Information Officer
Municipal Corporation of Delhi
O/o the Deputy Commissioner, Sadar Pajarganj,
Idgah Road, Delhi - 110006
Facts
arising from the Complaint:
Mr. Om Prakash Gupta had filed a RTI application with the PIO at the MCD, Sadar
Paharganj Zone, Delhi on 15/04/2009 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. The Commission issued a notice to the PIO on 13/06/2009 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 August 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 August 15, 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.
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
29 July 2009
(In any correspondence on this decision, mention the complete decision number.)