Central Information Commission Judgements

Mr.Mukesh Kumar Vaidh vs Mcd, Gnct Delhi on 30 March, 2011

Central Information Commission
Mr.Mukesh Kumar Vaidh vs Mcd, Gnct Delhi on 30 March, 2011
                                 CENTRAL INFORMATION COMMISSION
                                     Club Building (Near Post Office)
                                   Old JNU Campus, New Delhi - 110067
                                          Tel: +91-11-26161796

                                                                              Decision No. CIC/SG/C/2010/001523/ 11713
                                                                                   Complaint No. CIC/SG/C/2010/001523

Complainant                                      :          Mr. Mukesh Vaid
                                                            7/76 B Bhim Gali
                                                            Vishwas Nagar, Shahdara,
                                                            Delhi-32

Respondent                                        :         PIO & Assistant Commissioner,
                                                            Municipal Corporation of Delhi
                                                            Shahdara, South Zone,
                                                            Near Karkardooma Court
                                                            Delhi - 110 092

Facts

arising from the Complaint:

The Complainant had filed a RTI application dated 24/09/2010 with the PIO 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 before this Commission. On this basis,
the Commission issued a notice to the Respondent on 21/12/2010 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 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 is hereby directed to provide the complete information in regard to the
RTI Application dated 24/09/2010 to the Complainant before 20/04/2011 with a copy to the
Commission.

The PIO is also directed to send his written submissions to show cause why penalty should not be
imposed and disciplinary action recommended against him under Section 20 (1) and (2) of the RTI
Act
should not be taken. This should reach the commission before 25/04/2011

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
30th March 2011

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