CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000354/13379
Complaint No. CIC/SG/C/2010/000354
Complainant : Mr. Rajendra Gupta
704, G.T Road,Shahdara
New Delhi-110032
Respondent : Deemed Public Information Officer
Executive Engineer (Building)-II,
Municipal Corporation of Delhi
Shahadara North Zone, Keshav Chowk
New Delhi
Facts
arising from the Complaint:
Mr. Rajendra Gupta filed a RTI application with the PIO, Municipal Corporation Of Delhi on
04/02/2011. 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, Municipal Corporation Of Delhi on 28/04/2011 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 received a letter dated 27/05/2011 from the deemed PIO/Executive Engineer
(Building)-II, MCD, Shahadara North Zone stating that the information with respect to the RTI Application
has been provided to the Complainant vide letter dated 31/03/2011 and that the same has been again
dispatched on 26/05/2011. However, on perusal of the information it has been observed that the information
provided on Query No.1, 2,3,4,5 and 7 of the RTI Application is completely inappropriate and is against the
provisions of the RTI Act. If the information sought pertains to any other authority the same should have been
procured by seeking assistance under Section 5(4) of the RTI Act.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to seek assistance under the Section 5(4) of the
RTI Act from the concerned person(s) to provide the sought information to the Complainant on Query No. 1,
2, 3, 4, 5 and 7 of the RTI Application as stated above before 28/07/2011 with a copy to the Commission. The
inaction on the PIO’s part to comply with the provisions of the RTI Act even after the Commission’s direction
and not providing the complete information within the mandated time appears to be without any reasonable
cause. The PIO is therefore, asked to submit a written explanation to show cause as to why penalty should not
be imposed and disciplinary action be not recommended against him under Section 20 (1) & (2) of the RTI
Act before 03/08/2011.
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, 2005
Shailesh Gandhi
Information Commissioner
11 July 2011
( In any correspondence on this decision, mention the complete decision number.)(HD)