CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000268/13188
Complaint No. CIC/SG/C/2011/000268
Complainant : Mr. Mohan Shyam,
R-III-B-91, Mohan Garden,
New Delhi - 110059
Respondent : Public Information Officer
O/o the Commissioner
Municipal Corporation of Delhi
Dr. S.P.Mukherjee Civic Centre
JLN Marg, Minto Road
New Delhi-110002,
Facts
arising from the Complaint:
Mr. Mohan Shyam had filed an RTI application dated 29/11/2010 with the PIO,
O/o the Commissioner, MCD, New Delhi asking for certain information. On not having
received any 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 the Commissioner, MCD, New Delhi on 07/04/2011 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 correct and
complete information with regard to the RTI Application dated 29/11/2010 to the
Complainant before 21/07/2011 with a copy to the Commission. From the facts before
the Commission, it appears that the PIO has not provided the correct and complete
information within the mandated time and has failed to comply with the provisions of the
RTI Act. The delay and inaction on the PIO’s part in providing the information even after
the Commission’s direction, amounts to willful disobedience of the Commission’s order
and raises a reasonable doubt that the denial of information may be malafide.
The PIO is hereby directed to send his written submissions to the Commission
before 26/07/2011 to show cause as to why penalty should not be imposed and
disciplinary action be not recommended against him under Section 20 (1) and (2) of the
RTI Act for not providing the information to the Complainant within the stipulated time
period of 30 days. If the information has already been supplied to the complainant, send a
copy of the same to the Commission with your written submissions, and also proof of
seeking assistance from other person(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.
Shailesh Gandhi
Information Commissioner
29 June 2011
Encl: RTI Application dated 29/11/2010.
(In any correspondence on this decision, mention the complete decision number.)(SP)