CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC/WB/C/2008/00461/SG/2647
Complaint No. CIC/WB/C/2008/00461/SG
Complainant : Mr. Ajit Singh Yadav
422/32, Onkar Nagar - C
Trinagar, Delhi-110035
Respondent : Public Information Officer
DEM, MCD
Gate No. 4, Ambedkar Stadium
Delhi Gate
Delhi
Facts
arising from the Complaint:
Mr. Ajit Singh Yadav had filed a RTI application with the PIO at the DEM, MCD on
25/03/2008 asking for certain information. Since no reply was received within the mandated time
of 30 days, he had filed a complaint under Section 18 to the Commission. The Commission
issued a notice to the PIO on 16/02/2009 asking him to supply the information and 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 derived is that the PIO has deliberately
and without any reasonable cause refused to give information as per the provisions of the RTI
Act. His failure to respond to the Commission’s notice shows that he has no reasons for the
refusal of information.
Decision:
The Complaint is allowed.
The PIO will send the complete information to the complainant before May 1st, 2009. The
PIO’s action clearly amounts to denial of information without any reasons. The PIO is therefore,
asked to submit a written explanation showing cause as to why penalty should not be imposed
and disciplinary action be recommended against him under Section 20 (1) & (2) of the RTI Act
before May 6th, 2009.
If the information has already been supplied to the complainant, furnish a copy of the same to the
Commission with your written submission.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
April 6, 2009.
(Please refer to the above mentioned decision number in case of any further communication)