CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001047/9628
Complaint No. CIC/SG/C/2010/001047
Complainant : Mr. Pratap Singh Gandas,
33A/9, Village Kishangarh,
Vasant Kunj, New Delhi- 110070
Respondent : PIO & Deputy Health Officer,
Municipal Corporation of Delhi,
(South Zone), Green Park, New Delhi
Facts
arising from the Complaint:
The Complainant filed a RTI application with the PIO on 08/04/2010 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 on 12/08/2010
with a direction to provide the information to the Complainant before 06/09/2010 and
further sought an explanation for not furnishing the information within the mandated
time.
The Commission has received a letter on 17/09/2010 from the Complainant along with
certain enclosures wherein he has alleged that the information provided to him was false.
On perusal of the papers, the Commission noted that the PIO, vide letter dated
03/09/2010, stated that the information sought was already provided to the Complainant.
The Commission noted that by letter dated 12/07/2010, information was provided to the
Complainant in relation to the RTI application dated 08/04/2010. The Commission
observed that the information provided in relation to queries 4, 6 and 7 of the RTI
application dated 08/04/2010 appeared to be incomplete and unsatisfactory. Further, there
appears to be a delay of more than 30 days in providing the requisite information.
Decision:
The Complaint is allowed. In view of the aforesaid, the PIO/Deputy Health Officer is
hereby directed to provide the complete information in relation to queries 4, 6 and 7 of
the RTI application dated 08/04/2010 to the Complainant before October 20, 2010 with
a copy to the Commission.
Further, the issue before the Commission is of not supplying the complete, required
information by the PIO within 30 days as required by the law. From the facts before the
Commission it is apparent that the PIO is guilty of not furnishing information within the
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time specified under Section 7(1) by not replying within 30 days, as per the requirement
of the RTI Act. It appears that the PIO’s actions attract the penal provisions and
disciplinary action of Sections 20(1) and 20(2) of the RTI Act. The PIO is therefore,
directed to submit a written explanation to show cause as to why penalty should not be
imposed and disciplinary action be recommended against him under Sections 20(1) and
20 (2) of the RTI Act before October 30, 2010.
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 the RTI
Act.
Shailesh Gandhi
Information Commissioner
October 5, 2010
(In any correspondence on this decision, mention the complete decision number.)(DG)
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