CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/000462/8007
Complaint No. CIC/SG/C/2010/000462
Complainant : Mr. Devinder Nath
J-136, New Palam Vihar,
Gurgaon, Harayana.
Respondent : PIO & Dy. Director (Estate)
Estate Department-I
New Delhi Municipal Council
Palika Kendra, New Delhi.
Facts
arising from the Complaint:
Mr. Devinder Nath had filed an RTI application with the PIO, NDMC, New Delhi,
on 05/02/2010 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 this basis, the Commission issued a notice to the
PIO, NDMC, New Delhi on 16/04/2010 with the direction to provide the information to
the Complainant and further sought an explanation for not furnishing the information
within the mandated time.
Subsequently, the Commission received copy of information provided to the
Complainant vide letter dated 06/05/2010 of the PIO/Dy. Director (Estate), NDMC, New
Delhi. On perusal of the information, it has been observed that information given with
respect to Query nos. 9, 10, 12, 15 & 18 of the RTI Application dated 05/02/2010 is
incomplete. With respect to Query no. 10, 12 & 18, the PIO should have sought assistance
under Section 5(4) of the RTI Act from the concerned officials and provided the requisite
information. As regards Query no. 9 & 15 the information sought has not been provided.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is directed to seek assistance under Section 5(4) of
the RTI Act and provide the complete and correct information in regard to Query nos. 9,
10, 12, 15 & 18 to the Complainant before 24/06/2010. Proof of dispatch of information to
be provided to the Commission before 28/06/2010. Further, the PIO’s action clearly
amounts to denial of information without any reasons. The PIO is therefore, directed to
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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
for the delay in providing the information before 28/06/2010.
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
03/06/2010
(In any correspondence on this decision, mention the complete decision number.)(ND)
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