CENTRAL INFORMATION COMMISSION
Club Building, Near Post Office
Old JNU Campus, New Delhi 110 066.
Tel: 91 11 26161796
Decision No. CIC /SG/C/2008/00076/2012Adjunct
Complaint No. CIC/SG/C/2008/00076
SHOWCAUSE HEARING:
Complainant : Mr. Jagvesh Kumar Sharma,
A- 42 & 43, Gali No. 4, 1st Floor,
Pandav Nagar Complex, Ganesh Nagar,
New Delhi- 110092
Respondent : Public Information Officer
Office of Superintending Engineer II
Municipal Corporation of Delhi
Shahdara (South) Zone
Delhi 110032
Background
:
Mr. Jagvesh Kumar Sharma had filed an RTI application with the PIO, Commissioner
MCD on 18/12/2007 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. The
Commission issued a notice to the PIO on 31/12/2008 asking him to supply the information
and sought an explanation for not furnishing the information within the mandated time.
The Commission neither received a copy of the information sent to the Complainant, nor
did it receive any explanation from the PIO for not supplying the information to the
complainant. Therefore, the only presumption that could be made was 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 showed that he
had no reasons for the refusal of information.
Commission’s Decision on 24/02/2009:
The Complaint was allowed. The PIO was directed to send the complete information to the
complainant before March 20, 2009. The PIO’s action clearly amounted to denial of
information without any reasons. The PIO was asked to submit a written explanation showing
cause as to why penalty should not be imposed and disciplinary action be recommended
against him under Section 20 (1) of the RTI Act by March 25, 2009.
Brief facts leading to the Show cause hearing:
The Commission received a letter dated 02/07/2009 from the Complainant stating that he had
not received any information. Based on this letter, the Commission issued a show cause
notice dated 04/08/2009 directing the PIO to be present before the Commission on 26/8/2009
and to send the complete information to the Complainant before 24/08/2009.
Relevant Facts during the Show Cause Hearing on 26/08/2009:
The following were present:
Complainant: Absent
Respondent: Mr. Pushkar Sharma, PIO; Mr. S.P. Tanwar
The PIO submits that his office did not receive the RTI Application of the Complainant. The
RTI Application was addressed to the MCD Commissioner. The PIO only got to know about
the RTI Application once the decision of the Commission dated 24/02/2009 was forwarded to
it. The then PIO sent a response to the Complainant vide letter dated 01/04/2009 wherein the
Complainant was asked to come to the office. The PIO has again sent information to the
Complainant vide letter dated 25/08/2009 after receiving the show cause from the
Commission. From the RTI Application it appears that the Complainant had not asked for
specific information. If the Complainant wishes to inspect relevant files, he may choose do
so. The inspection, if sought by the Complainant, will be facilitated by the PIO before
30/09/2009. If the Complainant wishes he will be given photocopies of records free of cost
upto 300 pages.
As the RTI Application was not received by the PIO, the show cause proceedings are
dropped.
Shailesh Gandhi
Information Commissioner
26 August 2009