CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001686/6645
Complaint No. CIC/SG/C/2009/001686
Complainant : Mr. Rajendra Gupta
Editor-Abhi Tak Crime Times,
704, G.T.Road, Shahadara,
Delhi-110032
Respondent : Public Information Officer
O/o the Assistant Commissioner
Municipal Corporation of Delhi
Shahadara North Zone, Keshav Chowk
G.T.Road, New Delhi-110032
Facts
arising from the Complaint:
Mr. Rajendra Gupta had filed a RTI application with the PIO, MCD, Shahadara North
Zone on 13/05/2009 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, MCD,
Shahadara North Zone on 11/12/2009 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.
The PIO is directed to provide the correct and complete information in regard to the RTI
Application dated 13/05/2009 (copy enclosed) to the Complainant before 22/02/2010.Proof of
dispatch of information should be sent to the Commission before 01/03/2010.The PIO’s action
clearly amounts to denial of information without any reasons. 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 recommended against him under Section 20 (1) & (2) of the RTI Act before
01/03/2010.
If the information has already been supplied to the complainant, furnish a copy of the
same to the Commission with your written submission.
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.
Encl: RTI Application dated 13/05/2009.
Shailesh Gandhi
Information Commissioner
01/02/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)