CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000320/13605
Complaint No. CIC/SG/C/2011/000320
Complainant : Ms. Iqbal Kaur
C/o Rajdhani Service Station,
Mayur Bhawan, Connaught Circus
New Delhi -110001.
Respondent : Public Information Officer
Assistant Commisisoner
Municipal Corporation of Delhi
Shahadara South Zone, Near
Karkardooma Court, Karkardooma
New Delhi
Facts
arising from the Complaint:
Ms. Iqbal Kaur had filed a RTI application with the PIO, O/o the Commissioner,
MCD, New Delhi on 06/02/2011 asking for certain information. However on not having
received any 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, O/o the Commissioner, MCD, New Delhi on 31/05/2011 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 received a letter dated 27/06/2011 from the PIO/AC, MCD,
Shahadara South Zone stating that the RTI Application has been forwarded from
AO/CSB, City Zone to the O/o the Secretary to Commissioner on 18/03/2011. The same
is subsequently received in the office of the Respondent on 29/03/2011. Further, the PIO
states that information could not be provided to the Complainant as the information
sought was with regard to two certain e-mails sent to the O/o the Secretary to
Commissioner. The PIO has sent a letter dated 25/06/2011 to the Complainant seeking
copies of the said e-mails in order to enable provision of information sought. Copy of
this letter was also enclosed with the PIO’s above said letter to the Commission.
However, the Commission notes that there is an inordinate delay in forwarding the RTI
Application by the AO/CSB, City Zone to the Secretary to Commissioner. Further, there
is also unreasonable delay in seeking the copies of the e-mails from the Complainant. The
PIO/AC, MCD, Shahadara South Zone should have corresponded with the Complainant
within an appropriate time-frame as per the provisions of the RTI Act. There appears to
be a delay of over 60 days from date of receipt of the RTI Application in the respondent
office in even making a correspondence with the Complainant.
Further, the Complainant is advised to provide the copies of the said e-mails to
the PIO for enabling the provision of the sought information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the Commission hereby advises the Complainant to
provide the copy of the e-mail(s) to the Respondent PIO within ten days from the date of
receipt of this order. Further, the PIO is directed to provide the complete and correct
information to the Complainant with regard to the RTI Application dated 06/02/2011 on
receipt of the copies of the e-mails. The information should be provided to the
Complainant not any later than within 20 days from the date of receipt of the copies of
the e-mails. The PIO should send a compliance report to the Commission subsequently.
The Commission warns the PIO to ensure that no such delay is caused in
deliberating upon RTI Applications of the applicants. Any correspondence, whatsoever,
is to be made in the process of providing the information, the same should be made
within a reasonable time frame during the mandated 30 days limit as per the provisions of
the RTI Act.
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
21 July 2011
(In any correspondence on this decision, mention the complete decision number.)(SP)