CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000501/8471
Complaint No. CIC/SG/C/2010/000501
Complainant : Mr. S.K. Bhalla
1/48, Ram Bazaar, Mori Gate,
New Delhi.
Respondent : Public Information Officer
S.E. (Civil Lines Zone)
Municipal Corporation of Delhi
16, Rajpur Road, Civil Line,
New Delhi-110054.
Facts
arising from the Complaint:
Mr. S.K. Bhalla filed a RTI application with the Asstt. Commissioner(CLZ),
MCD, New Delhi on 12/01/2010 asking for certain information. The RTI Application
was subsequently transferred to PIO/S.E.(CLZ), MCD, Delhi vide letter dated
15/01/2010. However on not having received the information within the mandated time,
a Complaint was filed under Section 18 of the RTI Act with the Commission. On this
basis, the Commission issued a notice to the PIO/SE, MCD, Civil Lines Zone, Delhi on
22/04/2010 with a direction to provide the information to the Complainant and further
sought an explanation for not furnishing the information within the mandated time.
Subsequently, the Commission received a copy of a letter dated 21/05/2010
from the PIO/S.E.(CLZ), MCD, Delhi vide which information has been provided to the
Complainant. A copy of the information provided was enclosed. Further, the
Commission received a letter dated 28/05/2010 from the PIO/SE wherein he has stated
that the deemed PIO/EE(Bldg.) is responsible for the delay in providing the
information. There appears to be delay of above 85 days in responding to the RTI
Application. No explanation has been provided for the delay by the deemed
PIO/EE(Bldg.).
Decision:
The Complaint is allowed.
The issue before the Commission is of not supplying the complete, required
information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed
PIO/EE(Bldg.), MCD, Civil Lines Zone is guilty of not furnishing information within
the time specified under sub-section (1) of Section 7 by not replying within 30 days, as
per the requirement of the RTI Act. It appears that the deemed PIO’s actions attract the
penal provisions and disciplinary action of Section 20 (1) and (2) of the RTI Act.
The deemed PIO is hereby directed to present himself before the Commission on
06/08/2010 at 11.30am along with his written submissions to show cause why penalty
should not be imposed and disciplinary action be not recommended against him under
Section 20 (1) and (2) of the RTI Act. Further, the deemed PIO may serve this notice to
such person(s) who are responsible for this delay in providing the information, and
direct them to be present before the Commission along with the deemed PIO on the
aforesaid scheduled date and time. The deemed PIO should also bring along 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, 2005.
Shailesh Gandhi
Information Commissioner
09 July 2010
(In any correspondence on this decision, mention the complete decision number.)(ND)