CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000009/ 11706
Complaint No. CIC/SG/C/2011/000009
Complainant : Mr. S.C. Yogi,
7 Alipur Road,
Delhi- 110040
Respondent : Public Information Officer,
Municipal Corporation of Delhi
Veterinary Department,
Civil Lines Zone, 16, Rajpur Road
New Delhi- 110054
Facts
arising from the Complaint:
The Complainant had filed an RTI application with the aforementioned Respondent on 14/08/2010
asking for certain information. On not having received any 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 05/01/2011 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 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 hereby directed to provide the complete information with respect to the RTI
Application dated 14/08/2010 to the Complainant before 20 th April 2011 with a copy to this
Commission.
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The issue before the Commission is of not providing the requisite information by the PIO
within 30 days, as required by law. The PIO’s action clearly amounts to denial of information
without any reasons. He is appears to be 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 attract the penal provisions
and disciplinary action of Section 20 (1) and (2) of the RTI Act. The PIO is hereby directed to
be present before this Commission on 25th April 2011 at 12.00 pm along with 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. Further, the PIO may
serve this notice to any other official (s) who are responsible for not providing the information,
and may direct them to be present before the Commission along with the PIO on the aforesaid
scheduled date and time.
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
30th March 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP/SK)
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