Central Information Commission Judgements

Mr. Kailash Chand Gupta vs Municipal Corporation Of Delhi on 15 January, 2010

Central Information Commission
Mr. Kailash Chand Gupta vs Municipal Corporation Of Delhi on 15 January, 2010
                     CENTRAL INFORMATION COMMISSION
                         Club Building (Near Post Office)
                       Old JNU Campus, New Delhi - 110067
                              Tel: +91-11-26161796

                                                            Decision No. CIC/SG/C/2009/001592/6422
                                                              Complaint No. CIC/SG/C/2009/001592

Complainant                                :               Mr. Kailash Chand Gupta
                                                           S/o Late Shri K .L.Gupta
                                                           C-150, Yamuna Vihar
                                                           New Delhi-110053

Respondent                                 :                Public Information Officer
                                                            O/o the Assistant Commissioner
                                                            Municipal Corporation of Delhi
                                                            Shahadara North Zone, Keshav Chowk
                                                            Shahadara, New Delhi

Facts

arising from the Complaint:

Mr. Kailash Chand Gupta had filed a RTI application with the PIO, MCD, Shahadara
North Zone on 13/08/2009 asking for certain information. However on not having received the
information within the mandated time, the Complainant filed a complaint under Section 18 of the
RTI Act with the Commission on 17/11/2009.On this basis, the Commission issued a notice to the
PIO, O/o the Dy.Commissioner, Shahadara North Zone on 25/11/2009 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 copy of letter dated 09/12/2009 of SE-I, Shahadara North
Zone wherein it has been stated that the information sought pertains to Assistant Commissioner,
Shahadara North Zone. Further, information provided to the Complainant vide a letter signed by
the senior clerk on 10/12/2009 was enclosed therein. On perusal of the information, it has been
observed that information provided in regard to Query No. 7, 9, 10 and 11 is not appropriate and
is incomplete.

Decision:

The Complaint is allowed.

The PIO will send the correct and complete information in regard to the aforementioned
queries to the Complainant before 05/02/2010.Proof of dispatch of information should be sent to
the Commission before 12/02/2010 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 12/02/2010.

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
15/01/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)