Mr. Sachida Nand Jha vs O/O The Dy. Commissioner (South) on 11 February, 2010

Central Information Commission
Mr. Sachida Nand Jha vs O/O The Dy. Commissioner (South) on 11 February, 2010
                CENTRAL INFORMATION COMMISSION
                    Club Building (Near Post Office)
                  Old JNU Campus, New Delhi - 110067
                         Tel: +91-11-26161796

                                            Decision No. CIC/SG/C/2009/001771/6802
                                              Complaint No. CIC/SG/C/2009/001771

Complainant                         :      Mr. Sachida Nand Jha
                                           R/o Sanatan Dharam Mandir
                                           Nehru Nagar, New Delhi-110065

Respondent                          :      Public Information Officer
                                           SDM (Defence Colony) HQ
                                           O/o the Dy. Commissioner (South)
                                           M.B. Road, Saket, New Delhi

Facts

arising from the Complaint:

Mr. Sachida Nand Jha had filed a RTI application with the PIO, O/o the Deputy
Commissioner (South), GNCTD, Saket on 14/09/2009 asking for certain information.
Subsequently the RTI Application was transferred to the SDM (Defence
Colony/HQ)/SPIO vide a letter dated 15/09/2009 of ADM (South).However, on not
having received the information within the mandated time of 30 days, 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, SDM (Defence Colony) HQ, O/o the Dy.
Commissioner (South), M.B. Road, Saket, New Delhi on 24/12/2009 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 directed to provide the correct and complete information in regard to
the RTI Application dated 14/09/2009 (copy enclosed) to the Complainant before
03/03/2010.Proof of dispatch of information should be sent to the Commission before
10/03/2010.The PIO’s action clearly amounts to denial of information without any
reasons. 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 10/03/2010.
If the information has already been supplied to the complainant, furnish a copy of the
same to the Commission with your written submission.

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.

Encl: RTI Application dated 14/09/2009

Shailesh Gandhi
Information Commissioner
11/02/2010

(In any correspondence on this decision, mention the complete decision number.)(SP)

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