CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000770/14649
Complaint No. CIC/SG/C/2011/000770
Complainant : Mr. Mohammad Gulfam
7345, Gali Gadayya, Sadar Nala
Road, Kuresh Nagar, Sadar Bazaar,
Delhi-110006
Respondent : Public Information Officer
Municipal Corporation of Delhi,
O/o the Commissioner/Deputy Commissioner,
Health department, Civic Centre,
Minto Road, New Delhi- 110002
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the Respondent PIO on 17/01/2011 asking
for certain information. On not having received any information within the mandated time the
Complainant filed a Complaint under Section 18 of the RTI Act before the Commission. On this basis,
the Commission issued a notice to the Respondent PIO on 21/07/2011 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 has neither received a copy of the information sent to the Complainant, nor
has it received any explanation from the Respondent for not supplying the information to the
Complainant. Therefore, the only presumption that can be made is that the Respondent 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 Respondent 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 Respondent is hereby directed to provide complete and specific
information with respect to the RTI application dated 17/01/2011 to the Complainant before 6th
October 2011 with a copy to the Commission.
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From the facts before the Commission, it appears that the Respondent has 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 Respondent’s part in providing the
information, amounts to willful disobedience of the Commission’s direction and also raises a
reasonable doubt that the denial of information may be malafide.
The Respondent is hereby directed to submit before this Commission his written submissions
to show cause why penalty should not be imposed and disciplinary action should not be recommended
against him under Section 20 (1) and (2) of the RTI Act for the delay caused in providing information
to the Complainant. This should reach the Commission before 10th October 2011.
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.
Shailesh Gandhi
Information Commissioner
16th September 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)
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