CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000597/8476
Complaint No. CIC/SG/C/2010/000597
Complainant : Mr. S K Sharma
DDA Flat No.124-A,
(GF), Pocket-I, Phase-I
Mayur Vihar, New Delhi-110091
Respondent : Public Information Officer
O/o the Dy. Commissioner
Municipal Corporation of Delhi
Shahadara South Zone,
Near Karkardooma Court
New Delhi-110092
Facts
arising from the Complaint:
Mr. S K Sharma filed a RTI application with the PIO, O/o the Dy.Commissioner,
MCD, Shahadara South Zone , Delhi on 02/03/2010 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 PIO, O/o the Dy.Commissioner, MCD, Shahadara
South Zone , Delhi on 07/05/2010 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 PIO for not supplying the
information to the Complainant. Further, there appears to be no reasonable cause on the
part of the PIO in not responding to the Commission’s notice.
On perusal of the contents of the RTI Application dated 02/03/2010 it has been
observed by the Commission that the same is not seeking information. The Complainant
has sought clarification with regard to certain demolishment undertaken on illegal
construction in the Complainant’s flat. The same is clearly not information as defined
under Section 2(f) of the RTI Act.
However, it is apparent from the facts before the Commission that the PIO has
failed to respond to the RTI Application within the mandated time. The PIO should have
responded to the RTI Application stating the rejection of the same along with the cause.
Decision:
The Complaint is allowed.
The inaction on the PIO’s part to comply with the provisions of the RTI Act
appears to be without any reasonable cause. The PIO is therefore, asked 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 27/07/2010.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
09 July 2010
(In any correspondence on this decision, mention the complete decision number.)(SP)