CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000651/4260Adjunct
Complaint No. CIC/SG/C/2009/000651
Complainant : Mr. Rakesh Agarwal
B-24, Vikram Nagar,
Feroze Shah Kotla,
New Delhi
Respondent : Mr. C.S. Nawani
PCO/SPIO, GNCTD,
Transport Department, Secretariat Branch
5/9, Under Hill Road, Delhi 110054
Facts
arising from the Complaint:
Mr. Rakesh Agarwal had filed a RTI application with the Public Information Officer,
Transport Department, GNCT, Delhi on 20/12/2009 asking for certain information. Since no
reply was received within the mandated time of 30 days, he had filed a complaint under Section
18 to the Commission. The Commission issued a notice to the PIO on 12/06/2009 asking him to
supply the information and sought an explanation for not furnishing the information within the
mandated time.
The Commission had neither received a copy of the information sent to the complainant,
nor did it receive any explanation from the PIO for not supplying the information to the
complainant. Therefore, the only presumption that could be derived was that the PIO had
deliberately and without any reasonable cause refused to give information as per the provisions
of the RTI Act. His failure to respond to the Commission’s notice showed that he had no reasons
for the refusal of information.
Decision dated 29/07/2009:
The Complaint was allowed. The PIO was directed to send the complete information to
the complainant before August 15, 2009. A show cause notice was issued to the PIO and he was
directed to submit a written explanation to show cause as to action should not be taken under
Section 20 of the RTI Act before August 20, 2009.
Brief facts leading to show cause hearing:
The Commission received a letter dated 11/09/2009 from the Complainant wherein he stated that
the Commission’s order had not been complied with. Based on this Commission issued a show
cause notice dated 25/09/2009 and directed the PIO to appear before the Commission on
30/10/2009 at 11.30 am.
Relevant facts arising during the show cause hearing on 30/10/2009:
The following persons were present:
Appellant: Mr. Rakesh Agarwal
Respondent: Mr. Sanjay Ailawadi, Mr. CS Nawani
During the hearing the Appellant submitted that he had received some of the information but had
not received information on Points 2, 4, 5 and 12. The SPIO submitted that he has only been
recently appointed as the SPIO. The SPIO agreed to provide this information before 13/11/2009.
The Commission has directed the SPIO to provide point-wise information to all points before
13/11/2009- as the information had been provided in parts till date. The Commission also
directed the SPIO to inform the Commission before 13/11/2009 the names of the persons
responsible for the delay in providing the information and the time period for which the
Application has been retained by such persons.
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
04 November 2009
(In any correspondence on this decision, mention the complete decision number.)