CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001473/11325
Complaint No. CIC/SG/C/2010/001473
Complainant : Mr. Pratap Singh Gandas,
33A/9, Kishangarh, Vasant Kunj,
Delhi - 110 070
Respondent : PIO & SDM (Hauz Khas),
Govt. Of NCT of Delhi,
Old Tehsil Building, Mehrauli,
New Delhi - 110 030
Facts
arising from the Complaint:
The Complainant had filed an RTI application with the aforementioned Respondent on
st
31 August 2010 asking for certain information. On not having received any information within the
mandated time the Complainant filed a Complaint under Section 18 of the RTI Act before the
Commission. On this basis, the Commission issued a notice to the Respondent on 13th December 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 31st August 2010 to the Complainant before 28th February 2011 with a
copy to the Commission. From the facts before the Commission, it appears that the PIO has 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 and
also raises a reasonable doubt that the denial of information may be malafide.
The PIO is hereby 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. This should be sent to the Commission by 5th March 2011.
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
5th February 2011
Encl: Copy of RTI dated 31/08/2010
Copy of Notice
(In any correspondence on this decision, mention the complete decision number.)(ANP)