CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001202/5191
Complaint No. CIC/SG/C/2009/001202
Complainant : Mr. Harish Kumar,
628/3, Shivaji Road, Pul Mithai,
Delhi-110006
Respondent : Public Information Officer
Municipal Corporation of Delhi
Assistant Commissioner (City Zone),
Multi Level Car Parking,
Asaf Ali Road, Near Delhi Gate, New Delhi
Facts
arising from the Complaint:
Mr. Harish Kumar had filed a RTI application with the PIO -MCD, Assistant
Commissioner (City Zone), Multi Level Car Parking, Asaf Ali Road, New Delhi on
16/04/2009 asking for certain information. Since no reply was received within the
mandated time of 30 days, he had filed a complaint under Section 18 to the Commission
on 25/08/2009. The Commission issued a notice to the PIO on 28/08/2009 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 made 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 November
16, 2009. The PIO’s action clearly amounts to denial of information without any reasons.
The PIO is therefore, asked 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 November 23, 2009.
If the information has already been supplied to the complainant, furnish a copy of
the same to the Commission with your written submission.
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
26 October 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)