CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000996/9598
Complaint No. CIC/SG/C/2010/000996
Complainant : Mr. Farhan
E 6/67, Sunlight Colony
Old Seemapuri, Delhi 110095
Respondent : PIO & SDM (Seemapuri)
O/o Sub Divisional Magistrate
Seemapuri Sub Division, GNCTD
DC Office Complex, Nand Nagri
Delhi- 110093
Events Chronologically:
• RTI Application - 28/04/2010
• No information provided by the PIO
• Complaint - 19/07/2010
• Notice - 27/07/2010
- Information to be provided
to the Complainant before - 21/08/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 31/08/2010
• Response of the PIO
to the Notice - 02/08/2010
Facts
arising from the Complaint:
Mr. Farhan had filed a RTI application with the PIO & SDM (Seemapuri), DC Complex, Nand Nagri,
Delhi, on 28/04/2010. However on not having received further 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 & SDM (Seemapuri), GNCTD, DC Office Complex, Nand Nagri,
Delhi- 110093, on 27/07/2010 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 02/08/2010 from the PIO & SDM (Seemapuri), GNCTD, DC
Office Complex, Nand Nagri, wherein it was stated that a reply to the said RTI Application had already been
provided to the Complainant vide letter dated 29/05/2010 and at present, subsequent to the Commission’s
notice, the reply dated 29/05/2010 is being provided again to the Complainant. On perusal of documents, it is
observed that the reply to the Query Nos. 2, 3 & 4 appear to be inappropriate and incomplete. The PIO &
SDM (Seemapuri), GNCTD, should have given a complete and unambiguous reply to the RTI Application
dated 28/04/2010. The PIO should have provided the information if it were available on record, and if the
same was not available on record the PIO should have stated the same unequivocally.
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Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO & SDM (Seemapuri), GNCTD, DC Office Complex, Nand Nagri, is
hereby directed to provide complete information as mentioned above with regard to the RTI Application dated
28/04/2010 to the Complainant before 25/10/2010 with a copy to the Commission. Further, there has been a
failure on the part of the PIO & SDM (Seemapuri), GNCTD, to comply with the provisions of the RTI Act by
not providing complete information and this 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 & SDM (Seemapuri), O/o Sub Divisional Magistrate, Seemapuri Sub Division, GNCTD, DC
Office Complex, Nand Nagri, is hereby directed to present himself before the Commission on 19/11/2010 at
12:30 pm along with his written submissions to show cause why penalty should not be imposed and
disciplinary action be recommended against him under Section 20 (1) and (2) of the RTI Act. The PIO is
further directed to bring along a copy of the reply dated 29/05/2010 sent to the Complainant along with its
dispatch receipts.
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
4th October, 2010
( In any correspondence on this decision, mention the complete decision number.)(JA)
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