CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001637/6453
Complaint No. CIC/SG/C/2009/001637
Complainant : Mr. Anil Kumar
A-8/580, East Gokulpur
Loni Road, Delhi-110094
Respondent : Public Information Officer
Dy. Education Officer
Municipal Corporation of Delhi
North Zone, Near Keshav Chowk
New Delhi-110053
Facts
arising from the Complaint:
Mr. Anil Kumar had filed a RTI application with the PIO, DEO, MCD, Shahadara North
Zone on 10/08/2009 asking for certain information. Since no reply was received within the
mandated time of 30 days, he had filed a Complaint under Section 18 of the RTI Act with the
Commission on 20/11/2009. On this basis, the Commission issued a notice to the PIO, DEO,
MCD, Shahadara North Zone on 02/12/2009 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. Further the Commission has received
a letter dated 02/01/2010 from the Complainant alleging that information has not been provided
to him till date.
Decision:
The Complaint is allowed.
The PIO is directed to provide the complete and correct information in regard to the RTI
application dated 04/05/2009 to the Complainant by 09/02/2010.Proof of dispatch of information
should be sent to the Commission before 16/02/2010. The PIO’s action clearly amounts to denial
of information without any reasons. The PIO is therefore, asked to submit a written explanation
to show 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 16/02/2010.
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.
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
19/01/2010
Encl: RTI Application dated 10/08/2009
(For any further correspondence in this matter, please quote the file no. mentioned above)(SP)