CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000874/15809
Complaint No. CIC/SG/C/2011/000874
Complainant : Mr. Puran Singh Rana
House No.51, Village Mungeshpur
Delhi-110039
Respondent : Public Information Officer
Superintending Engineer (E&M)
Municipal Corporation of Delhi
Central Automobile Workshop
Jhandewalan, Karol Bagh
New Delhi-110055
Facts
arising from the Complaint:
Mr. Puran Singh Rana had filed a RTI application with the PIO/SE(E&M),
Engineering department, MCD, Ambedkar Stadium, Delhi on 11/04/2011 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/SE(E&M),
Engineering Department, MCD, Ambedkar Stadium, Delhi on 10/08/2011 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 received a letter dated 25/08/2011 from the Respondent
wherein it has been stated that on receipt of the advance copy of the Complainant’s
present Compliant to the Commission the PIO had replied to the Complainant vide letter
dated 03/08/2011 that no copy of the RTI Application or the appeal was provided
therewith. Further, stating that on receipt of the copy of the RTI Application along with
the Commission’s above said notice the PIO observes that the information sought does
not pertain to his office and that the same may be sought from the PIO of the concerned
zone. However, this is not an appropriate act , the PIO should have transferred the RTI
Application under Section 6(3) of the RTI Act or sought assistance under Section 5(4) of
the RTI Act instead of asking the Complainant to seek the information from the
concerned authority.
Furthermore, on perusal of the RTI Application the Commission has now
observed that the information sought does not fall under the definition of ‘information’ as
under Section 2(f) of the RTI Act. The queries sought are in the nature of seeking
suggestions on futuristic context wherein the Complainant seeks to know whether few
bricks can be taken out from a certain person’s neighbours’ wall for some
reconstruction/repair work, what will be the life of a wall made out of mud, etc. The same
does not qualify the definition of information as per the provisions of the RTI Act 2005.
Decision:
The Complaint is disposed off.
The Commission warns the PIO to ensure that the RTI Applications if received
shall be dealt as per the provisions of the RTI Act. Where information sought is not
available or concerned with the Respondent office, the RTI Application must be
transferred to or sought assistance for; providing the information through concerned
authorities.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
21 November 2011
(In any correspondence on this decision, mention the complete decision number.)(SP)
