CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000228/12861
Complaint No. CIC/SG/C/2010/000228
Complainant : Ms. Sushila Tripathi,
House No. A-403, Amarpali Apartment,
Sector 3, Vaishali,
Ghaziabad - 201010.
Respondent : Public Information Officer/ Dy. Chief
Accountant
O/o the Dy. Chief Accountant
Municipal Corporation of Delhi,
Shahdara South Zone, Karkardooma,
New Delhi
Facts
arising from the Complaint:
Ms. Sushila Tripathi had filed an RTI application dated 31/01/2011 with the PIO,
Municipal Corporation of Delhi, 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 Respondent on 27/04/2011 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 received a copy of letter dated 30/05/2011 addressed to the
Complainant from the PIO/Dy. Chief Accountant, MCD, Shahdara South Zone stating
that the RTI application was transferred to the GPF section to the DCA (Final Payment)
vide a letter dated 22/03/2011, copy of which was enclosed. Further, it has been stated
therein that facts of the present matter have been ascertained to the Complainant vide a
letter 27/04/2011. It is to be noted that the Commission observes that the response to the
RTI Application is not as per the provisions of the RTI Act, that no appropriate
information has been said or shown to have been provided to the Complainant. A point
wise reply to the RTI Queries should have been given. Further, there is an unreasonable
delay in even transferring the RTI Application to the concerned authority. Furthermore,
the Commission has not received any explanation or any communication in this regard
explaining the delay in providing the information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO/Dy. Chief Accountant, MCD, Shahdara South
Zone is hereby directed to seek assistance under Section 5(4) of the RTI Act from the
concerned authority who are the custodian of the information and provide the correct and
complete point-wise information with regard to the RTI Application dated 31/01/2011 to
the Complainant before 30/06/2011 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 also 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 06/07/2011 showing 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 i.e. 30 days.
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
13 June 2011
(In any correspondence on this decision, mention the complete decision number.)(SP)