CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000236/7533
Complaint No. CIC/SG/C/2010/000236
Complainant : Mr. Sumit Chauhan
WZ/A-1/284, 1st Floor
Hastsal Road, Uttam Nagar
New Delhi- 110059
Respondent : Public Information Officer
Suptdg. Engineer (Maint.)
Municipal Corporation of Delhi
Najafgarh Zone, Over Head Water Tank
Building, Tilak Nagar Road, New Delhi
Facts
arising from the Complaint:
Mr. Sumit Chauhan had filed a RTI application with the PIO, MCD, Najafgarh
Zone on 15/07/2009 asking for certain information. 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/AC, MCD, Najafgarh Zone on 03/03/2010 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 letter dated 15/03/2010 from the PIO/SE (Maint.),
Engg. Deptt., O/o the Suptdg. Engineer, Najafgarh Zone. It has been stated therein that
information has been provided to the Complainant vide a letter dated 03/09/2009, copy of
the information along with proof of dispatch was also enclosed. On perusal of the
information it has been observed that information provided on Query No. 3, 4, 5 and first
part of Query No. 2 is inappropriate. The PIO should have sought assistance under
Section 5(4) of the RTI Act from the concerned persons to provide the complete and
correct information to the Complainant. Further, from the facts before the Commission it
appears that the Complainant did not receive the PIO’s aforesaid letter dated 03/09/2009
as he has filed the present complaint with the Commission on 18/02/2010 which was
received on 25/02/2010.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is directed to seek assistance under Section 5(4)
of the RTI Act as mentioned above with regard to Query No. 3, 4, 5 and first part of
Query No. 2 of the RTI Application. Further, the PIO is directed to facilitate another date
of inspection for providing information with regard to the second part of Query No.2 of
the RTI application wherein addresses of the Complainants for the year of 2009 has been
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sought. The complete and correct information should be provided to the Complainant
before 12/05/2010. Proof of dispatch of information should be sent to the Commission
before 18/05/2010.
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
April 21, 2010
Encl: Copy of PIO’s reply dated 03/09/2009.
(In any correspondence on this decision, mention the complete decision number.)(SP)
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