CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000653/8712
Complaint No. CIC/SG/C/2010/000653
Complainant : Mr. Ajay Kumar Nayak
C-7/24, Motia Khan
Sadar Thana Road
(Near Punjabi Academy)
New Delhi-10055
Respondent : PIO & Suptdg. Engineer
Municipal Corporation of Delhi
Sadar Pahar Ganj Zone,Room no.22,
1st Floor, Behind Sadar Thana,
Idgah Road,Delhi
Facts
arising from the Complaint:
Mr. Ajay Kumar Nayak had filed a RTI application with the PIO, MCD, Sadar
Paharganj Zone on 07/01/2010. 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, MCD,
Sadar Paharganj Zone, Delhi on 18/05/2010 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 received a copy of the information provided to the Complainant
vide a letter dated 18/06/2010 of the PIO/SE, MCD, Sadar Pahar Ganj Zone. However ,
the Commission has not received any explanation for not providing the information
within the mandated time. There appears to be a delay of over 100 days in providing the
information to the Complainant.
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 PIO/SE 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
PIO’s actions attract the penal provisions and disciplinary action of Section 20 (1) and (2)
of the RTI Act.
The PIO/SE is hereby directed to present himself before the Commission on 01/09/2010
at 11.30 am 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 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 him on the aforesaid scheduled date and time. The
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
26 July 2010
(In any correspondence on this decision, mention the complete decision number.)(SP)