CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001021/9599
Complaint No. CIC/SG/C/2010/001021
Complainant : Mohd. Idrees
1231, Faiz Ganj, Gali No. 1
Bahadur Garh Road
Delhi 110006
Respondent : Public Information Officer
O/o Dy. Commissioner, MCD
Sadar Pahar Ganj Zone
Idgah Road, New Delhi
Events Chronologically:
• RTI Application - 28/05/2010
• No information provided by the PIO
• Complaint - 05/08/2010
• Notice - 07/08/2010
- Information to be provided
to the Complainant before - 01/09/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 11/09/2010
• Response of the PIO
to the Notice - NIL
Facts
arising from the Complaint:
Mohd. Idrees had filed a RTI application with the PIO, MCD, SP Zone, Delhi-110006,
on 28/05/2010 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,
O/o Dy. Commissioner, MCD, Sadar Pahar Ganj Zone, Idgah Road, on 07/08/2010 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, SP Zone, MCD, for not
supplying the information to the Complainant. Therefore, the only presumption that can be
made is that the PIO 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, O/o Dy. Commissioner, MCD, Sadar Pahar Ganj
Zone, is hereby directed to provide the complete information with regard to the RTI
Application dated 28/05/2010 to the Complainant before 25/10/2010 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, O/o Dy. Commissioner, MCD, Sadar Pahar Ganj Zone, Idgah Road, is hereby
directed to present himself before the Commission on 18/11/2010 at 3:30 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.
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
4th October, 2010
Encl: RTI Application dated 28/05/2010
(In any correspondence on this decision, mention the complete decision number.)(JA)