CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000356/13381
Complaint No. CIC/SG/C/2010/000356
Complainant : Mr. Rajendra Gupta
704, G.T Road, Sahadara,
New Delhi-110032
Respondent : Public Information Officer
O/o the Commissioner
Municipal Corporation of Delhi,
Civic Centre, Minto Road,
New Delhi- 110032
Facts
arising from the Complaint:
Mr. Rajendra Gupta had filed a RTI application with the PIO, Municipal
Corporation of Delhi on 13/12/2010 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, O/o the Commissioner, Municipal Corporation of
Delhi on 28/04/2011 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 has neither received a copy of the information sent to the
Complainant, nor has it received any explanation from the PIO for not supplying the
information to the Complainant. Therefore, the only presumption that can be made is that
the PIO has deliberately and without any reasonable cause refused to give information as
per the provisions of the RTI Act. Failure on the part of the PIO to respond to the
Commission’s notice shows that there is no reasonable cause for the refusal of
information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the complete
information in regard to the RTI Application dated 13/12/2010 to the Complainant before
28/07/2011 with a copy to the Commission. From the facts before the Commission, it
appears that you have 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 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 written submissions to show cause why
penalty should not be imposed and disciplinary action be 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 is responsible for this delay in providing the information. If the
information has already been supplied to the complainant, copy of the same to the
Commission with your written submissions, and also proof of seeking assistance from
other person(s), if any, should be sent to the commission before 03/08/2011
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
11 July 2011
Encl: RTI Application dated 13/12/2010.
(In any correspondence on this decision, mention the complete decision number.)(HD)