CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001729/6705
Complaint No. CIC/SG/C/2009/001729
Complainant : Mr. Rajesh
B-1534, J.J.Colony
Bawana, Delhi-110039
Respondent : Public Information Officer
O/o the Assistant Commissioner
Municipal Corporation of Delhi
Narela Zone, Primary Health Centre
Near Alipur, Village Narela, Delhi-110040
Facts
arising from the Complaint:
Mr. Rajesh had filed a RTI application with the PIO, MCD, Narela Zone on 27/08/2009.
Since no reply was received within the mandated time of 30 days, he had filed a Complaint under
Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice
to the PIO, O/o the Assistant Commissioner, MCD, Narela Zone on 18/12/2009 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 received a communication dated 11/01/2010, signed by the Assistant
Commissioner and the Sanitation Superintendent. A copy of the information provided to the
Complainant vide letter dated 26/10/2009 of the PIO/AC was enclosed with this communication.
On perusal of the information, it has been observed that information given in regard of Query
No. 1, 4, 5 and 6 is not appropriate. The PIO should have given a categorical and specific reply.
In regard to Query No.1 where copy of daily progress report was sought, information is
not appropriate. On Query No. 4, the PIO should have sought assistance under Section 5(4) of
the RTI Act from the appropriate official and provided the requisite information. On Query No.
5, the PIO should have categorically provided the name and designation of the concerned
officials, as was sought in the RTI application. Furthermore, on Query No. 6 the PIO should
have provided the copy of the enquiry report if available on record. If the enquiry report is not
available, the same should have been stated clearly.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is directed to ensure provision of the complete and
correct information in regard of Query No. 1, 5 and 6, and to seek assistance under Section 5(4)
of the RTI Act for providing information on Query No. 4 as mentioned above to the
Complainant before 25/02/2010. Proof of dispatch of information should be sent to the
Commission before 05/03/2010. 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 05/03/2010.
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
Shailesh Gandhi
Information Commissioner
05/02/2010
(For any further correspondence in this matter, please quote the file no. mentioned above)(SP)