Central Information Commission Judgements

Mr. Gian Chand vs Vigilance Department, Mcd on 14 January, 2009

Central Information Commission
Mr. Gian Chand vs Vigilance Department, Mcd on 14 January, 2009
                        CENTRAL INFORMATION COMMISSION
                                     Room no.415, 4th Floor, Block IV,
                                    Old JNU Campus, New Delhi 110066.
                                          Tel : + 91 11 26161796


                                                       Decision No. CIC /SG/C/2008/00009/1082
                                                       Complaint No. CIC/SG/C/2008/00009

Complainant                           :         Mr. Gian Chand
                                                164, gali no. 2,
                                                Shalimar Gaon,
                                                New Delhi 88

Respondent                                :     Public Information Officer
                                                Vigilance Department,
                                                MCD, Zilla Civil Line Zone,
                                                16 Rajpur Road,
                                                Delhi

Facts

arising from the Complaint:

Mr. Gian Chand had filed a RTI application with the PIO, Vigilance Department, MCD, Zilla Civil Line
Zone, 16 Rajpur Road, New Delhi on 03/07/2008 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.
The Commission issued a notice to the PIO on 25/11/2008 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 derived 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 February 7, 2009. The PIO’s action
clearly amounts to denial of information without any reasons. The PIO is therefore, asked to submit a
written explanation showing 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 February 12, 2009. If the
information has already been supplied to the complainant, furnish a copy of the same to the commission
along with your written submission.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
January 14, 2009