Central Information Commission Judgements

Mr.Prateek Pandit vs Ndmc, Gnct Delhi on 15 July, 2011

Central Information Commission
Mr.Prateek Pandit vs Ndmc, Gnct Delhi on 15 July, 2011
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                          Decision No. CIC/SG/C/2011/000403/13476
                                                              Complaint No. CIC/SG/C/2011/000403



Complainant                          :      Mr. Prateek Pandit
                                            Shop No.4, Udyan Marg,
                                            Opp.Central School, Gole Market,
                                            Delhi

Respondent                          :       Public Information Officer,
                                            Deputy Director (Estate),
                                            New Delhi Municipal Council,
                                            5th Floor, Palika Kendra,
                                            Estate-I Department, New Delhi-110001

Facts

arising from the Complaint:

The Complainant had filed a RTI application dated 22/03/2011 with the Respondent PIO asking
for certain information. However, on not having received the information with in the mandated time, the
Complainant filed a complaint under Section 18 of the RTI Act before this Commission. On this basis,
the Commission issued a notice to the Respondent PIO, on 06/05/2011 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 is in receipt of the submissions of the Respondent vide letter dated 09/06/2011
wherein it has been stated that the information with respect to the Complainant’s RTI application had
been provided on 30/05/2011. Further no reasons for delay in providing the information to the
Complainant have been provided.

On perusal of the records before the Commission it is noted that in response to query number 1 and
2 of the RTI application the Respondent has stated that the Complainant can collect the photocopy of the
requisite information from his office on any working day. Further the Respondent has not submitted
before the Commission any dispatch proof of sending information to the Complainant.

Decision:

The Complaint is allowed.

In view of the aforesaid the Respondent PIO is hereby directed to provide free of cost the
photocopies of the requisite information with respect to query number 1and 2 of the RTI application
dated 22/03/2011 to the Complainant before 05/08/2011.

Further the Respondent PIO is directed to submit the copy of speed post receipt(s) to the
Commission as dispatch proof of providing information to the Complainant on 30/05/2011 before
05/08/2011.

In view of the delay in providing information to the Complainant, the Respondent PIO is hereby
directed to submit before this Commission 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 should not be taken. This should reach the Commission before 10/08/2011.

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
15th July 2011

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