CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000332/7774
Complaint No. CIC/SG/C/2010/000332
Complainant : Mr. J D Kataria
9398, Tokri Walan,
Azad Market, New Delhi-110006
Respondent : Public Information Officer/SE
O/o the Suptdg. Enginbeer
Engineer Department, Room No.22
1ST Floor, Behind Sadar Thana
Idgah Road, New Delhi
Factsarising from the Complaint:
Mr. J D Kataria filed a RTI application with the PIO, Lt. Governor’s Secretariat, New Delhi on
07/12/2009 asking for certain information. Subsequently the Complainant was informed vide a letter dated
08/12/2009 of the PIO/ Lt. Governor’s Secretariat, New Delhi that the RTI Application is being transferred to
the Assistant Commissioner, MCD for necessary action. However on not having received further 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, MCD, O/o the Dy. Commissioner,
Sadar Paharganj Zone on 16/03/2010 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 received a letter dated 31/03/2010 from the PIO/SE, MCD, Sadar Pahar ganj
Zone wherein it has been stated that information has been provided to the Complainant vide a letter dated
25/02/2010, copy of which was enclosed. On perusal of the information it has been observed that information
provided on Query No. 5 is not appropriate. The PIO should have provided the information that has been
sought instead of giving a vague reply for the same. The PIO should have clearly intimated the Complainant
the date and time of facilitating the inspection of relevant documents and further provided copies of
documents identified/sought by the Complainant. Further, the PIO has not provided any explanation for the
delay in providing the information. There appears to be a delay of over 35 days in responding to the RTI
Application.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the correct and complete information
with regard to Query No. 5 of the RTI Application dated 07/12/2009 to the Complainant before 08/06/2010.
Proof of dispatch of information should be sent to the Commission before 12/06/2009. The delay in providing
the information within the mandated time amounts to failure in complying with the provisions of the RTI Act
and the inaction on the PIO’s part amounts to willful disobedience of the Commission’s direction as well and
also raises a reasonable doubt that the denial of information may be malafide. 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 12/06/2010
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
18th May 2010
(In any correspondence on this decision, mention the complete decision number.)(SP)