CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002001/8802
Appeal No. CIC/SG/A/2010/002001
Relevant Facts
emerging from the Appeal:
Appellant : Mohd. Rashid Siddiqui,
General Secretary,
Bhrashtachar Nivaran Samiti,
E-131/1 Vishkarma Colony,
Lal Kuan, New Delhi-110044
Respondent : Mr. Kanwar Singh,
Public Information Officer & Deputy
Education Officer,
Municipal Corporation of Delhi,
Shahdara North Zone, Keshav Chowk,
Shahdara, Delhi-110032
RTI application filed on : 23/04/2010
PIO replied on : No reply
First Appeal filed on : 24/05/2010
First Appellate Authority order of : 15/06/2010
Second Appeal received on : 15/07/2010
Information Sought:
1. Provide action taken report of the Appellant’s complaint dated 16/04/2010 lodged
with D.E.O., Shahdara North zone vide dairy no. R/1477.
2. Details of expenditure of money disbursed in the Boys’ Fund Account of
Principal MCD Girls School O, Block Nand Nagri on 08/11/2007 with
documentary proof of expenses.
3. Receipts of medical bill claimed by Smt. Attarkal Principal MCD Girls School O,
Block Nand Nagri of your zone for the treatment of her husband.
Reply of Public Information Officer (PIO):
No reply was provided by the PIO.
Grounds for First Appeal:
Non- receipt of information from the PIO.
Order of the First Appellate Authority (FAA):
The PIO was directed to furnish the reply to the Appellant within a period of 7 days from
the date of the order of the FAA.
Grounds for Second Appeal
No information was received from the PIO and non- compliance of the order of the FAA.
Decision:
The Commission has perused the documents submitted by the Appellant. The FAA has
given a clear order directing the PIO/ DEO to provide the Appellant with a reply within 7
days from the date of the order of the FAA. The Appellant has not been provided with the
information requested for despite the order of the FAA. The Commission therefore
directs the PIO/ DEO to provide the information requested for by the Appellant. Denial
of information to an Appellant under the RTI Act can only be done if what is sought is
not “information” as defined under Section 2(f) of the RTI Act or is exempt under
Section 8(1) of the RTI Act. The PIO/ DEO has neither claimed that it is not
“information” nor has he claimed that it is exempt under Section 8(1) of the RTI Act.
The Appeal is allowed. The PIO/ DEO is directed to provide the information
requested by the Appellant before August 23, 2010.
From the facts before the Commission it is apparent that the PIO/ DEO is guilty of not
furnishing information within the time specified under Section 7(1) by not replying
within 30 days as per the requirement of the RTI Act. He has further refused to obey the
orders of the FAA, which raises a reasonable doubt that the denial of information may
also be mala fide. The FAA has clearly ordered the information to be given. It appears
that the actions of the PIO/ DEO attract the penal provisions of Section 20(1) of the RTI
Act. A show cause notice is being issued to him and he is directed to give his reasons to
the Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on September 3,
2010 at 12:30 pm along with his written submissions showing cause why penalty should
not be imposed on him as mandated under Section 20(1) of the RTI Act. He will also
submit proof of having given the information to the Appellant.
If there are other persons responsible for the delay in providing the information to the
Appellant and for not complying with the order of the FAA, the PIO/ DEO is directed to
inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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
August 2, 2010
(In any correspondence on this decision, mentioned the complete decision number.) (AK)