CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000094/7231
Complaint No. CIC/SG/C/2010/000094
Complainant : Mr. Munir Tanwar
House No. 95, Mandi Gaon
New Delhi-110047
Respondent : Public Information Officer
O/o the Deputy Commissioner
Municipal Corporation of Delhi
South Zone, Green Park
Near Uphaar Cinema, New Delhi-110016
Facts arising from the Complaint:
Mr. Munir Tanwar had filed a RTI application with the PIO, MCD, South Zone
on 26/10/2009 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 Deputy Commissioner, MCD, South Zone on 30/01/2010 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.
The PIO is directed to provide the correct and complete information in regard to
the RTI Application dated 26/10/2009 to the Complainant before 15/04/2010.Proof of
dispatch of information should be sent to the Commission before 20/04/2010. 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 as
raises a reasonable doubt that the denial of information may be malafide.
.
The PIO is hereby directed to present himself before the Commission on
27/04/2010 at 11.30am 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 are responsible for this delay in providing the information, and 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.
Encl: RTI Application dated 26/10/2009.
Shailesh Gandhi
Information Commissioner
25/03/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)