CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001022/9600
Complaint No. CIC/SG/C/2010/001022
Complainant : Mohd. Idrees
1231, Faiz Ganj, Gali No. 1
Bahadur Garh Road
Delhi 110006
Respondent : PIO & Asst Assessor & Collector
SP Zone, MCD
Assessment & Collection Deptt.
Sadar Pahar Ganj Zone, Delhi
Events Chronologically:
• RTI Application - 31/05/2010
• No information provided by the PIO
• Complaint - 05/08/2010
• Notice - 09/08/2010
- Information to be provided
to the Complainant before - 03/09/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 13/09/2010
• Response of the PIO
to the Notice - 18/08/2010
Facts
arising from the Complaint:
Mohd. Idrees had filed a RTI application with the PIO, MCD, Town Hall, Delhi,
on 31/05/2010 asking for certain information. On 07/06/2010, the said RTI Application
was forwarded by the above mentioned PIO to the Asst. Commisioner, SP Zone, under
Section 6(3) of the RTI Act. However, on not having received any information within the
mandated time period of 30 days, the RTI Applicant filed a Complaint under Section 18
of the RTI Act with the Commission. On this basis, the Commission issued a notice
directing the PIO, MCD, O/o Asst. Commissioner, SP Zone, Idgah Road, on 09/08/2010
to provide information to the Complainant and further sought an explanation for not
furnishing the information within the mandated time.
The Commission received a letter dated 18/08/2010 from the PIO & Asst
Assessor & Collector, SP Zone, MCD, Sadar Pahar Ganj Zone, wherein it was stated that
a reply was sent to the Complainant on 12/08/2010. The Commission notes that the PIO
has failed to furnish an explanation for the delay caused in providing the information to
the Complainant. There appears to be a delay of over 25 days in replying to the said RTI
Application. Further, on perusal of the reply dated 12/08/2010, it is observed that the
information provided w.r.t. Query Nos. 1, 2, 3, 4 & 9 appears to be incomplete and
inappropriate. The PIO should have provided the information if it were available on
record, and if the same was not available on record the PIO should have stated the same
unequivocally. If the information sought is not available with the PIO then as per section
5(4) of the RTI Act, the same should be got by seeking assistance from the concerned
persons who could be the custodian of the sought information and thereby making it
available to the Complainant.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO & Asst Assessor & Collector, SP Zone, MCD, is
hereby directed to provide the information as mentioned above w.r.t. the RTI Application
dated 31/05/2010 to the Complainant before 25/10/2010 with a copy to the Commission.
From the facts before the Commission, it appears that the PIO is guilty of not furnishing
the complete information within the time specified under sub-section (1) of Section 7 by
not replying within 30 days, as per the requirement of the RTI Act. It appears that the
PIO’s actions attract the penal provisions and disciplinary action of Section 20 (1) and (2)
of the RTI Act.
The PIO & Asst Assessor & Collector, SP Zone, MCD, Sadar Pahar Ganj Zone, is
hereby directed to present himself before the Commission on 18/11/2010 at 3:00 pm
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 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. The PIO is further directed to bring along a copy of the reply
dated 12/08/2010 sent to the Complainant along with its dispatch receipts
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
4th October, 2010
(In any correspondence on this decision, mention the complete decision number.)(JA)