Central Information Commission Judgements

Mr.Girdhari Lal Tiwari vs Municipal Corporation Of Delhi on 30 December, 2009

Central Information Commission
Mr.Girdhari Lal Tiwari vs Municipal Corporation Of Delhi on 30 December, 2009
                              CENTRAL INFORMATION COMMISSION
                                  Club Building (Near Post Office)
                                Old JNU Campus, New Delhi - 110067
                                       Tel: +91-11-26161796

                                                                               Decision No. CIC/SG/C/2009/001466/6163
                                                                                 Complaint No. CIC/SG/C/2009/001466

Complainant                                            :           Mr.Girdhari Lal Tiwari
                                                                   594/594, Katra Asharfi,
                                                                   Chandni Chowk, Delhi-110006

Respondent                                              :          Public Information Officer
                                                                   Assistant Commissioner
                                                                   Municipal Corporation of Delhi
                                                                   City Zone, Zonal Office Building
                                                                   MLUG Car Parking, Asaf Ali Road
                                                                   New Del;hi-110002

Facts

arising from the Complaint:

Mr. Girdhari Lal Tiwari had filed a RTI application with the PIO, AC ,MCD, City Zone
on 28/05/2009 asking for certain information. Since no reply was received within the mandated
time of 30 days, he had filed a Complaint under Section 18 of the RTI Act with the Commission
on 09/10/2009. On this basis, the Commission issued a notice to the PIO on 28/10/2009 with a
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 a letter dated 23/11/2009 from the PIO/AC (City
Zone), wherein copy of the information being provided to the Complainant vide letter dated
23/11/2009 was enclosed. On perusal of the information, it has been observed that information
provided is incomplete. Information given on Query No.3 is partial as information in regard to
the terms of transfer in favour of transferees has not been provided. Further, on Query No.4 and
5 , the matter is said to be pertaining to SE/City Zone. However, no such proof of transfer of RTI
application has been enclosed.

Decision:

The Complaint is allowed.

The PIO is directed to provide the complete and correct information on Query
No.3.Further,on Query No. 4 and 5 PIO is directed to collect the information from the SE/City
Zone, as mentioned above, and provide it to the Complainant by 25/01/2010.Proof of dispatch of
information should be sent to the Commission before 29/01/2010. Further, the PIO is directed 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 29/01/2010.

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
30/12/2009
(For any further correspondence in this matter, please quote the file no. mentioned above)(SP)