CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000716/4298
Complaint No. CIC/SG/C/2009/000716
Complainant : Mr. B. Biswas
707, Old Minto Road Hostel,
Minto Road, New Delhi
Respondent : Public Information Officer
Municipal Corporation of Delhi
Shahdara South Zone, Near Karkardooma Courts,
Shahdara, Delhi - 110032
Facts
arising from the Complaint:
Mr. B.Biswas had filed a RTI application with the PIO at the MCD, Shahdara South
Zone, Delhi on 29/01/2009 asking for certain information. Since no reply was received within
the mandated time of 30 days, he had filed a complaint under Section 18 to the Commission. The
Commission issued a notice to the PIO on 17/06/2009 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 August 15, 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 August 20, 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.
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
29 July 2009
(In any correspondence on this decision, mention the complete decision number.)