CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001348/10986
Complaint No. CIC/SG/C/2010/001348
Complainant : Mr. Ramesh Rana,
S/o Mr. Rishal Singh, Village Mungeshpur,
Delhi - 110 039
Respondent : PIO & SDM (Narela),
Govt. of NCT of Delhi,
O/o Block Development Officer,
Alipur, Delhi - 110 036
Facts
arising from the Complaint:
Mr. Ramesh Rana had filed an RTI application dated
24/05/2010 with the Respondent PIO on 24/05/2010, asking for certain information. However, on
not having received any information within the mandated time, the Complainant filed a complaint
under Section 18 of the RTI Act with this Commission. On this basis, the Commission issued a
notice to the PIO on 15/11/2010 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 respondent 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 makes it apparent 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 24/05/2010 to the Complainant before 31/1/2011 with a copy
to the Commission. From the facts before the Commission, it appears that the PIO has not provided
the information within the mandated time and has failed to comply with the provisions of the RTI
Act. The delay and inaction on the part of the PIO in providing the information amounts to willful
disobedience of the Commission’s direction and also raises a reasonable doubt that the denial of
information may be malafide.
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The PIO & SDM (Narela) is hereby 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. This should be sent to the Commission by 5 th February
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
15th January 2011
Encl: – Copy of RTI dated 24/5/2010 and Notice of the Commission.
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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