CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000752/9009
Complaint No. CIC/SG/C/2010/000752
Complainant : Mr. R.D. Mishra
215-D, J&K, Dilshad Garden
Delhi- 110095
Respondent : PIO & Asst Commissioner
Municipal Corporation of Delhi
South Zone, Near Uphaar Cinema,
Green Park, New Delhi
Facts
arising from the Complaint:
Mr. R.D. Mishra had filed a RTI application with the PIO & AC, MCD, South Zone, Green
Park, New Delhi on 26/03/2010 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 & AC,
MCD, South Zone on 11/06/2010 with a direction to provide the information to the Complainant and
further sought an explanation for not furnishing the information within the mandated time.
It is observed by the Commission that the Respondent has neither sent a copy of the
information to the Complainant, nor has he provided any explanation to this Commission for not
supplying the information to the Complainant till date. 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 & AC, MCD, is hereby directed to provide the complete
information with regard to the RTI Application dated 26/03/2010 to the Complainant before
06/09/2010 with a copy to the Commission by 11/09/2010. From the facts before the Commission, it
appears that the PIO & AC, MCD, South Zone 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 as well and also raises a reasonable doubt that the denial
of information may be malafide.
The PIO & AC, MCD, South Zone is hereby directed to present himself before the
Commission on 28/09/2010 at 12:00p.m. 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.
Shailesh Gandhi
Information Commissioner
17/08/2010
Encl: RTI Application dated 26/03/2010.
(In any correspondence on this decision, mention the complete decision number.)(JA)