CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2011/000018/11581
Complaint No. CIC/SG/C/2011/000018
Complainant : Mr. Rohtash
H.No. 63, Gali No. 7,
Nasirpur Colony, Palam,
New Delhi- 110045
Respondent (1) : PIO & Dy. MHO (Coordination)
Municipal Corporation of Delhi,
O/o the Addl. Dy. Commissioner,
Health Department Town Hall
Delhi- 110006
Respondent (2) : APIO & Dy. MHO (Malaria),
Municipal Corporation of Delhi,
O/o the Addl. Dy. Commissioner,
Health Department Town Hall
Delhi - 110006
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the aforementioned Respondent no. 1
on 03/11/2010 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 Respondent on
07/01/2011 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 is in receipt of a letter from Respondent no. 1 dated 31/01/2011
acknowledging the receipt of the Commission’s notice and stating that Respondent no. 2, i.e. the
Dy. MHO (Malaria)/APIO has been directed to furnish a reply to the Commission and provide
the information to the Complainant. The Commission has neither received a copy of the
information sent to the Complainant, nor has it received any explanation from the APIO for not
supplying the information to the Complainant. Therefore, the only presumption that can be made
is that the APIO 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 APIO to respond to the
Commission’s notice shows that there is no reasonable cause for the refusal of information.
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Decision:
The Complaint is allowed.
In view of the aforesaid, the Dy. MHO (Coordination)/PIO and the Dy. MHO
(Malaria)/APIO are hereby directed to provide a categorical and point wise reply to the
RTI application to the Complainant before 10/04/2011, with a copy to this Commission
along with the copy of Speed Post receipt(s) as proof of dispatch. Where no information is
available on record the same shall be categorically stated.
The issue before the Commission is of not supplying the complete, required information by
the PIO within 30 days as required by the law.
From the facts before the Commission it appears that the Dy. MHO (Coordination)/PIO & the
Dy. MHO (Malaria)/APIO are guilty of not furnishing information within the time specified
under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the
RTI Act. It appears that the actions of the PIO(s) attract the penal provisions and disciplinary
action of Section 20 (1) and (2) of the RTI Act. The Dy. MHO (Coordination)/PIO & the Dy.
MHO (Malaria)/APIO are hereby directed to present themselves before this Commission on
18//04/2011 at 12.00 pm along with their written submissions to show cause why penalty should
not be imposed and disciplinary action recommended against them under Section 20 (1) and (2)
of the RTI Act. Further, the PIO(s) may serve this notice to any other official (s) who are
responsible for this delay in providing the information, and may direct them to be present before
the Commission along with the PIO(s) on the aforesaid scheduled date and time. The PIO(s)
shall also bring proof of seeking assistance from other officials(s), if any
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
21st March 2011
(In any correspondence on this decision, mention the complete decision number.)(CK)
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