Central Information Commission Judgements

Mr.Dinesh Chand Jain vs Mcd, Gnct Delhi on 12 July, 2011

Central Information Commission
Mr.Dinesh Chand Jain vs Mcd, Gnct Delhi on 12 July, 2011
                                   CENTRAL INFORMATION COMMISSION
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                                                                                              Decision No. CIC/SG/C/2011/000364/13388
                                                                                                  Complaint No. CIC/SG/C/2011/000364

Complainant                                  :               Mr. Dinesh Chand Jain
                                                             Quarter No.2, Double Storey
                                                             Welcome, Phase-III
                                                             New Delhi-110053

Respondent                                    :             Public Information officer
                                                            Superintending Engineer-II
                                                            Municipal Corporation of Delhi
                                                            South Zone, Near Uphaar Cinema
                                                            Green Park, New Delhi

Facts

arising from the Complaint:

Mr. Dinesh Chand Jain filed a RTI application with the PIO, MCD, South Zone on 20/09/2010 asking for
certain information. However, on not having received any 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, O/o the Commissioner, MCD on 29/04/2011 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 has received a letter dated 02/06/2011 of the PIO/SE-II, MCD, South Zone wherein
cumulatively a number of Complaint’s registered with the Commission by the same Complainant with regard to the
same Respondent has been addressed to. It has been stated therein that the Complainant has filed 17 RTI
Applications including the RTI Application for which the present Complaint was filed. Further, stating that
information procured from the EE (Bldg.) has been provided to the Complainant vide letter dated 07/10/2010. Copy
of the information was enclosed. On perusal of the information it has been observed that information provided on
Query No.4 is not relevant and is inappropriate. Information sought asks for who’s responsible for the illegal
construction. The PIO should have provided such information if the same were available on record or if it is not
available the same should have been clearly stated.

Decision:

The Complaint is allowed.

In view of the aforesaid, the PIO is hereby directed to provide clear and relevant information with regard to
Query No.4 of the RTI Application to the Complainant before 03/08/2011 with a copy to the Commission.

Further, while sending compliance letters the PIO is advised to send individual response to individual
Complaints registered with the Commission on which Commission’s notices are sent to the PIO with certain
directions for clarity of facts on record.

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
12 July 2011
(In any correspondence on this decision, mention the complete decision number.)(SP)