CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001565/6397
Complaint No. CIC/SG/C/2009/001565
Complainant : Mr. Deepak Yadav
287/23, Onkar Nagar-B
Tri Nagar, Delhi-110035
Respondent : Public Information Officer
Administrative Officer4 (FL)
Municipal Corporation of Delhi'
Factory Licensing Department
Nigam Bhawan : Kashmere Gate
New Delhi-1100006
Facts
arising from the Complaint:
Mr. Deepak Yadav had filed a RTI application with the PIO, Factory Licensing
Department, Municipal Corporation of Delhi on 11/08/2009 asking for certain
information. However on not having received the information within the mandated time,
the Complainant filed a complaint under Section 18 of the RTI Act with the Commission
on 10/11/2009.On this basis, the Commission issued a notice to the PIO, Factory
Licensing Department, Municipal Corporation of Delhi on 11/11/2009 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 received a letter dated 25/11/2009 from the APIO, Admin.
Officer, Factory Licensing Department, MCD wherein information provided to the
Complainant vide a letter dated 05/11/2009 was enclosed. However, on perusal of the
said letter it has been observed that the information provided in regard to Query No. 3, 4
and 5 is not appropriate, wherein it was stated that information pertains to the concerned
SDM. However there was no proof of transferring the RTI Application to the SDM. The
PIO should have transferred the RTI application to the concerned SDM under Section
6(3) of the RTI Act.
Decision:
The Complaint is allowed.
The PIO will transfer the RTI application to the concerned SDM under Section 6
(3) of the RTI Act. A copy of the transfer letter should be provided to the Complainant
before 04/02/2010.Proof of dispatch of information should be sent to the Commission
before 11/02/2010.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 11/02/2010.
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
14/01/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)