Central Information Commission Judgements

Mr.Hakam Singh vs Ndmc, Gnct Delhi on 30 March, 2011

Central Information Commission
Mr.Hakam Singh vs Ndmc, Gnct Delhi on 30 March, 2011
                                CENTRAL INFORMATION COMMISSION
                                  Club Building (Near Post Office)
                                Old JNU Campus, New Delhi - 110067
                                       Tel: +91-11-26161796

                                                                       Decision No. CIC/SG/C/2010/001550/11718
                                                                            Complaint No. CIC/SG/C/2010/001550

Complainant                                   :         Mr. Hakam Singh
                                                        J-510/8, Sector 16, Rohini
                                                        New Delhi-110089

Respondent                                    :         Public Information Officer,
                                                        New Delhi Municipal Council,
                                                        Navyug School Education Society,
                                                        N.P Primary School,
                                                        Hanuman Lane, New Delhi-110001

Facts

arising from the Complaint:

The Complainant had filed an RTI application with the aforementioned Respondent on 09.09.2010
asking for certain information. On not having received any information within the mandated time the
Complainant filed a Complaint under Section 18 of the RTI Act before the Commission. On this basis,
the Commission issued a notice to the Respondent on 27.12.2011 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 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. Failure on
the part of the PIO to respond to the Commission’s notice shows that there is no reasonable
cause for the refusal of information.

Decision:

The Complaint is allowed.

In view of the aforesaid, the PIO is hereby directed to provide the complete information with
respect to the RTI Application dated 09.09.2010 to the Complainant before 20.04.2011 with a
copy to the Commission.

The PIO is also directed to send his written submissions to show cause why penalty should not
be imposed and disciplinary action recommended against him under Section 20 (1) and (2) of the
RTI Act should not be taken. This should reach the commission before 25.04.2011
This decision is announced in open chamber. 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.

Shailesh Gandhi
Information Commissioner
30th March 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)

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