Mr.Murlidhar Tiwari vs Mcd, Gnct Delhi on 21 March, 2011

Central Information Commission
Mr.Murlidhar Tiwari vs Mcd, Gnct Delhi on 21 March, 2011
                   Club Building (Near Post Office)
                 Old JNU Campus, New Delhi - 110067
                        Tel: +91-11-26161796

                                          Decision No. CIC/SG/C/2011/000041/11587
                                              Complaint No. CIC/SG/C/2011/000041

Complainant                         : Mr. Murlidhar Tiwari,
                                      116, Shiv Shankar Purana Kapra
                                      Market Pul-Kutub Road,
                                      Sadar Bazar, Delhi - 110 006

Respondent                          : Public Information Officer,
                                      O/o of the Assistant Commissioner,
                                      Shahdara South Zone,
                                      Near Karkardooma Court,
                                      Delhi - 110032


arising from the Complaint:

The Complainant had filed an RTI application with the Respondent on
22/08/2010 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 Respondent on 12/01/2011 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. A copy of the RTI application and the notice issued by
this Commission is being sent alongwith with this decision to the Respondent PIO.

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The Complaint is allowed.

The PIO is hereby directed to provide the complete information with respect to the
RTI Application dated 22/08/2010 to the Complainant before 10 th April 2011 with a
copy to this Commission.

The PIO’s action clearly amounts to denial of information without any
reasons. He is guilty of not furnishing information within the time specified under
sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of
the RTI Act. It appears that the actions of the PIO attract the penal provisions and
disciplinary action of Section 20 (1) and (2) of the RTI Act. The PIO is hereby
directed to be present before this Commission on 18/04/2011 at 3.00 pm along with
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. Further, the PIO may serve this notice to any other official (s) who are
responsible for not providing the information, and may direct them to be present
before the Commission along with the PIO on the aforesaid scheduled date and

This decision is announced in open chamber.

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
21st March 2011

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

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