CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000896/9162
Complaint No. CIC/SG/C/2010/000896
Complainant : Mr. R.D. Mishra
251 D, J & K
Dilshad Garden
New Delhi- 110095
Respondent : PIO & CE (DEMS)
O/o Asst. Commissioner I/DEMS/HQs
MCD, Gandhi Mela Ground
Town Hall, New Delhi- 110006
Facts
arising from the Complaint:
Mr. R.D. Mishra had filed a RTI application with the PIO & CE (DEMS), MCD,
Multi Level Car Parking, Delhi Gate, Delhi on 30/04/2010 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 CE/DEMS, Multi Level Car
Parking, Asaf Ali Road, Delhi Gate on 12/07/2010 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 02/08/2010 from the PIO & CE
(DEMS), O/o Asst. Commissioner I/DEMS/HQs, MCD, Gandhi Mela Ground, Town
Hall, wherein the PIO & CE (DEMS) was transferring the said RTI Application to the SE
Auto II- Jhilmil Colony and AC/Shah (South) with a direction to provide information to
the Complainant before 06/08/2010. It is observed that the PIO & CE (DEMS) 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, it is observed
that no information has been provided to the Complainant nor has any information been
received by the Commission with regard to the RTI Application dated 30/04/2010 till
date.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO & CE (DEMS), O/o Asst. Commissioner
I/DEMS/HQs, MCD, Gandhi Mela Ground, Town Hall is directed to seek assistance
under Section 5(4) of the RTI Act and provide the information to the Complainant as
sought in the RTI Application dated 30/04/2010. The complete and correct information
should be provided to the Complainant before 20/09/2010. Proof of dispatch of
information should be sent to the Commission before 24/09/2010.
The PIO & CE (DEMS), O/o Asst. Commissioner I/DEMS/HQs, MCD, Gandhi
Mela Ground, Town Hall, is hereby directed to present himself before the Commission
on 13/10/2010 at 3:00 pm along with his 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 & CE (DEMS) may serve this
notice to such person (s) who is responsible for this delay in providing the information,
and may direct them to be present before the Commission along with him 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
31/08/2010
(In any correspondence on this decision, mention the complete decision number.)(JA)