CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001063/9672
Complaint No. CIC/SG/C/2010/001063
Complainant : Mr. Nain Singh
E-21, Gali No. 9
Shashi Garden
Delhi 110091
Respondent : PIO & SDM (Preet Vihar)
O/o Sub Divisional Magistrate
GNCTD, Preet Vihar
New Delhi
Events Chronologically:
• RTI Application - 24/06/2010
• No information provided by the PIO
• Complaint - 16/08/2010
• Notice - 17/08/2010
- Information to be provided
to the Complainant before - 11/09/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 21/09/2010
• Response of the PIO
to the Notice - NIL
Facts
arising from the Complaint:
Mr. Nain Singh had filed a RTI application with the PIO, O/o SDM, Preet Vihar, Delhi,
on 24/06/2010 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 & SDM (Preet
Vihar), O/o SDM, GNCTD, Preet Vihar, New Delhi, on 17/08/2010 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, O/o SDM, GNCTD, 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, O/o SDM Preet Vihar, GNCTD, is hereby directed to
provide the complete information with regard to the RTI Application dated 24/06/2010 to the
Complainant before 27/10/2010 with a copy to the Commission. 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 and also raises a reasonable doubt that the
denial of information may be malafide.
The PIO, O/o SDM, Preet Vihar, GNCTD, New Delhi, is hereby directed to present
himself before the Commission on 30/11/2010 at 12:30 pm 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 is responsible for this delay in providing the information, and may
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.
ShaileshGandhi
Information Commissioner
6th October, 2010
Encl: RTI Application dated 24/06/2010
(In any correspondence on this decision, mention the complete decision number.)(JA)