CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001255/10529
Complaint No. CIC/SG/C/2010/001255
Complainant : Mr. Mohit Singh Jadhav
R/o F-133, Delhi Transco Staff Colony,
New Kulakri, New Delhi- 110014.
Respondent : Public Information Officer,
Delhi Transco Ltd., Government of NCT
of Delhi, 6th Floor, Shakti Sadan,
Kotla Marg, New Delhi- 110002.
Facts
arising from the Complaint:
Mr. Mohit Singh Jadhav had filed a RTI application with the PIO, Delhi Electricity
Regulatory Authority on 24/08/2010 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 (DERC) Delhi Electricity Regulatory Authority on 20/10/2010 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 has received on 04/11/2010 a letter dated 02/11/2010 from the PIO/Assistant
Secretary wherein it has been stated that the information sought by the Applicant in the RTI
Application did not pertain to DERC and the same had been duly transferred to Delhi Transco
Ltd. vide letter no. F 9(35)/ DERC/RTI-813/2010-11/2715 dated 15.09.2010 for furnishing a
requisite reply, under intimation to the Complainant. A copy of the abovementioned transfer
letter was also enclosed for perusal of the Commission. Further it has been stated that
information, in response to the Complaint before the Commission, has been sent to the
Complainant vide a letter dated 02/11/2010, copy of which was enclosed.
On perusal, the Commission notes that the PIO/Assistant Secretary, DERC had duly transferred
the RTI application within the mandated time frame but no action appears to have been initiated
at the end of PIO, Delhi Transco. Ltd after the application had been transferred. A delay of more
than 60 days in providing any information to the Complainant seems unreasonable to the
Commission.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO, DTL is hereby directed to provide the complete
information to the Complainant in regard to the RTI Application dated 24/08/2010 (transferred to
DTL on 15/09/2010) before 02/01/2011 with a copy to the Commission. From the facts before
the Commission, it appears that you have not provided the requisite information within the
mandated time and have failed to comply with the provisions of the RTI Act. The delay and
inaction on the PIO’s part in providing the information amounts to willful disobedience of the
Commission’s direction as well and also raises a reasonable doubt that the denial of information
may be malafide.
The PIO is hereby directed to submit 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 may direct them to be present before
the Commission along with the PIO on the aforesaid scheduled date and time. If the information
has already been supplied to the complainant, bring 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, 2005.
Shailesh Gandhi
Information Commissioner
21 December 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)