CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001404/5775
Complaint No. CIC/SG/C/2009/001404
Complainant : Mr. Dharam Singh,
House no.-22, Main Road Masoodpur,
New Delhi
Respondent : Public Information Officer
Municipal Corporation of Delhi
South Zone, Near Uphaar Cinema,
Green Park, New Delhi-110016
Facts
arising from the Complaint:
Mr. Dharam Singh had filed a RTI application with the PIO-MCD, South Zone,
Near Uphaar Cinema, Green Park, New Delhi on 16/02/2009 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 on 15/10/2009. The Commission
issued a notice to the PIO on 15/10/2009 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 made 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 December
30, 2009. 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 January 06, 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
10 December 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)