Posted On by &filed under Central Information Commission, Judgements.


Central Information Commission
Mr.Rajeev Mehra vs Mcd, Gnct Delhi on 23 March, 2011
                          CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                        Decision No. CIC/SG/C/2011/000007/11629
                                                            Complaint No. CIC/SG/C/2011/000007


Complainant                         :       Mr. Rajeev Mehra
                                            Flat no. 404, SFS, Ashok Vihar
                                            Phase-4, Delhi-110052


Respondent                          :       Public Information Officer
                                            Municipal Corporation of Delhi
                                            O/o the Commissioner of Trade & Storage
                                            License Survey Department, City Zone
                                            MULG Car Parking
                                            Asaf Ali Road, Delhi - 110 006

Facts

arising from the Complaint:

The Complainant had filed an RTI application with the aforementioned Respondent on 29/09/2010
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 05/01/2011 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 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 with respect
to the RTI Application dated 29/09/2010 to the Complainant before 10/04/2011 with a copy to the
Commission.

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The PIO is also 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 should not be taken. This should be sent to the Commission by 15/04/2011.

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
23rd March 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)

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