CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001321/10702
Complaint No. CIC/SG/C/2010/001321
Complainant : Mr. Mukesh Vaid,
7/76, B, Bheem Gali,
. Vishwas Nagar, Shahadra,
Delhi- 110032.
Respondent : Public Information Officer,
Municipal Corporation of Delhi,
O/o The Dy. Commissioner,
Shahadra South Zone, Karkardooma,
Shahadra, Delhi- 110032.
Facts
arising from the Complaint:
Mr. Mukesh Vaid had filed a RTI application with the PIO, Shahadra(SZ), MCD on
02/03/2010 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 the Dy.
Commissioner, Shahadra (SZ) MCD on 02/11/2010 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 02/03/2010 to the Complainant before 15/01/2011 with a
copy to the Commission before 20/01/2011. From the facts before the Commission, it appears
that you have not provided the requisite 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 is hereby directed to submit his written explanation to show cause why penalty
should not be imposed and disciplinary action be not 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 are
responsible for this delay in providing the information, and may direct them to furnish their
reasons for the same. If the information has already been supplied to the complainant, provide 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.
Shailesh Gandhi
Information Commissioner
30 December 2010
Encl: RTI Application dated 02/03/2010.
(In any correspondence on this decision, mention the complete decision number.)(SC)