CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000490+000491/13841
Complaint No. CIC/SG/C/2011/000490+000491
Complainant : Mr. Anil Dutt Tyagi,
Chandan Vihar Social Cul. and Dev. Association,
298/12, Chandan Vihar, West Sant Nagar(Burari),
Delhi- 1100184
Respondent : Public Information Officer.
Joint Secy. (UD),
Department of Urban Development,
GNCTD, 10th Level, A- Wing, Delhi Secretariat,
IP Estate, New Delhi -110002
Facts
arising from the Complaint:
The Complainant filed a RTI application with the Department of UD on 21/02/2011 asking
for certain information. On not having received any information within the mandated time, the
Complainant filed a Complaint under Section 18 of the RTI Act with the Commission on
19/05/2011. On this basis, the Commission issued a notice to the PIO, Department of UD on
26/05/2011 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 21/02/2011 to the Complainant before 25/08/2011 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 send his written submissions to the Commission
before 30/08/2011 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. If the information has
already been supplied to the complainant, send a copy of the same to the Commission with your
written submissions, and also copy of 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
03 August 2011
Encl: RTI Application dated 26/02/2011.
(In any correspondence on this decision, mention the complete decision number.)(SP)