CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001149/10064
Complaint No. CIC/SG/C/2010/001149
Complainant : Mr. S.K. Kashyap
9/3 170, Lane No. 4,
Dharampura, Gandhi Nagar,
New Delhi-110031
Respondent : PIO & Jt. A&C/Shah(S) Zone
Municipal Corporation of Delhi,
Assessment & Collection
Department, Shahdara(S) Zone
Geeta Colony, Block-13,
Delhi
Events Chronologically:
• RTI Application : 30/04/2009
• Reply of the PIO : No reply
• Complainant : 16/09/2010
• Notice : 23/09/2010
- Information to be provided
to the Complainant before : 18/10/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before : 28/10/2010
• Response of PIO to the notice : 13/10/2010
Facts
arising from the Complaint:
Mr. S.K. Kashyap had filed a RTI Application with the PIO & Superintending
Engineer-I, Shahdara (S) Zone, MCD on 30/04/2010. However on not having received
the information with regard to the RTI Application within the mandated time, he filed a
complaint under Section 18 of the RTI Act with the Commission. On this basis, the
Commission issued a notice to the PIO on 23/09/2010 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 received a letter dated 01/10/2010 from the PIO &
Superintending Engineer-I, Shahdara (S) Zone wherein he stated that no letter from the
Complainant was received in his office. Further, he also stated that the information
sought pertains to the House Tax Department and therefore he transferred the RTI
Application to the PIO & Jt. A&C, Shahdara (S) Zone vide his letter dated 01/10/2010
under sub-section (3) of Section 6. The Commission received a reply dated 13/10/2010
from the PIO & Jt. A&C/Shah(S) Zone. On perusal of the documents, it is observed that
the reply to the Application dated 30/04/2010 is unsatisfactory. The PIO & Jt. A&C,
Shahdara (S) Zone has failed to transfer query no.6 to the concerned Department under
Section 6(3). Therefore, the PIO should seek assistance under Section 5(4) from the
concerned department and provide information to the Complainant. Further, information
with regard to query no. 1, 2, 3, 4, 5 and 7 should be provided if it is available on record
otherwise the same should be stated unequivocally or transferred to the concerned
department.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the above
mentioned information with regard to the RTI Application dated 30/04/2010 to the
Complainant before 10/12/2010. A copy of the information should also be sent to the
Commission before 15/12/2010.
It appears that the PIO’s actions attract the penal provisions and disciplinary
action of Section 20 (1) and (2) of the RTI Act. The PIO is therefore, directed 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 28/11/2010.
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.
Shaile
sh Gandhi
Information Commissioner
18th November, 2010
(In any correspondence on this decision, mention the complete decision number.)(PA)