CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000124/12624
Complaint No. CIC/SG/C/2011/000124
Complainant : Mr. Chirag Saini,
H. no. 4447, Arya Pura,
Subzi mandi, Ghanta Ghar,
Delhi-110007
Respondent : PIO & Suptd. Engineer(CLZ)
O/o Suptd. Engineer(CLZ)
Municipal Corporation of Delhi,
16, Rajpur Road, Civil Lines,
Delhi-110054
Facts
arising from the Complaint:
Mr. Chirag Saini filed a RTI application with the PIO, Vigilance Department,
Rajpur Road, Delhi on 10/09/2010, asking for certain information. On not having received
the information within the mandated time, the Complainant filed complaint under Section
18 of the RTI Act with the Commission on 25/01/2011. On this basis, the Commission
issued a notice to the PIO, MCD, Vigilance Department, Rajpur Road, Delhi on
10/02/2011 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 received a letter dated 11/03/2011 from the PIO & Asstt.
Director of Vigilance, wherein it has been mentioned that the RTI application dated
10/09/2010 was forwarded to O/o the Dy. Commissioner, Civil Line Zone vide letter dated
28/09/2010 for further action and the applicant was also informed of the same vide letter
dated 28/09/2010. It has further been mentioned that a copy of commission’s notice dated
10/02/2011 was forwarded to the PIO, O/o the Dy. Commissioner vide letter dated
03/03/2011. However, the Commission has neither received a copy of the information
sent to the Complainant, nor has it received any explanation from the PIO, O/o the
Dy. Commissioner 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 & SE(CLZ), is hereby directed to provide the
correct and complete information with regard to the RTI Application dated 10/09/2010 to
the Complainant before 20/06/2011 with a copy to the Commission.
From the facts before the Commission, it appears that the PIO & SE(CLZ) has 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 even after the Commission’s direction dated 10/02/2011,
amounts to willful disobedience of the Commission’s direction and also raises a reasonable
doubt that the denial of information may be malafide. The PIO & SE(CLZ) is hereby
directed to send his written submissions to the Commission before 25/06/2011
showing cause why penalty should not be imposed and disciplinary action should not
be recommended against him under Section 20 (1) and (2) of the RTI Act for not
providing the information to the Complainant within the stipulated time period i.e. 30
days.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
31 May 2011
Encl: Copy of the RTI application dated 10/09/2010
(In any correspondence on this decision, mention the complete decision number.)(RA)