Mr. Md Idrish vs Mcd, Gnct Delhi on 21 September, 2010

Central Information Commission
Mr. Md Idrish vs Mcd, Gnct Delhi on 21 September, 2010
                   CENTRAL INFORMATION COMMISSION
                       Club Building (Near Post Office)
                     Old JNU Campus, New Delhi - 110067
                            Tel: +91-11-26161796

                                                  Decision No. CIC/SG/C/2010/000982/9448
                                                    Complaint No. CIC/SG/C/2010/000982

Complainant                      :           Md. Idrish
                                             S/o Md. Yunus 1231, Phiz Ganj
                                             Gali No.1, Bahadurgarh Road
                                             Delhi-110006

Respondent                        :          PIO & SE
                                             SP Zone, MCD, Idgarh Road
                                             Behind Sadar Pahar Police Station
                                             Pahar Ganj, Delhi

Events Chronologically:
   • RTI Application               -    17/05/2010
   • No information provided by the PIO
   • Complaint                     -    19/07/2010
   • Notice                        -    24/07/2010
      - Information to be provided
        to the Complainant before -     18/08/2010
      - Copy of information &
        PIO's explanation to be sent
        to the Commission before -      28/08/2010
   • Response of the PIO
      to the Notice                 -   NIL


Facts

arising from the Complaint:

Md. Idrish had filed a RTI application with the PIO & SE, SP Zone, Delhi- 110006, on
17/05/2010 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 this basis, the Commission issued a notice to the PIO & SE, SP
Zone, MCD, Idgarh Road, Behind Sadar Pahar Police Station, Pahar Ganj, on 24/07/2010 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 neither received a copy of the information sent to the
Complainant, nor has it received any explanation from the PIO & SE, SP Zone, for not
supplying the information to the Complainant. Therefore, the only presumption that can be
made is that the PIO & SE has deliberately and without any reasonable cause refused to give
information as per the provisions of the RTI Act. Failure on the part of the PIO to respond to
the Commission’s notice shows that there is no reasonable cause for the refusal of information.

Decision:

The Complaint is allowed.

In view of the aforesaid, the PIO & SE, SP Zone, MCD, Idgarh Road, is hereby
directed to provide the complete information with regard to the RTI Application dated
17/05/2010 to the Complainant before 11/10/2010 with a copy to the Commission. From the
facts before the Commission, it appears that you have not provided the correct and complete
information within the mandated time and has failed to comply with the provisions of the RTI
Act. The delay and inaction on the PIO’s part in providing the information 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 & SE, SP Zone, MCD, Idgarh Road, Behind Sadar Pahar Police Station, Pahar
Ganj, is hereby directed to present himself before the Commission on 04/11/2010 at 10:30 am
along with his written submissions to show cause why penalty should not be imposed and
disciplinary action be recommended against him under Section 20 (1) and (2) of the RTI Act.
Further, the PIO & SE may serve this notice to such person (s) who is responsible for this
delay in providing the information, and may direct them to be present before the Commission
along with the PIO on the aforesaid scheduled date and time. If the information has already
been supplied to the complainant, bring a copy of the same to the Commission with your
written submissions, and also proof of seeking assistance from other person(s), if any.

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.

ShaileshGandhi
Information Commissioner
21/09/2010

Encl: RTI Application dated 17/05/2010.

(In any correspondence on this decision, mention the complete decision number.)(JA)

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