CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000137/12626
Complaint No. CIC/SG/C/2011/000137
Complainant : Mr.Sanjay Maan,
S/o Late Attar Singh
HNo-65, Sarai Pipal Thala Upper Street,
Jatawali Gali, Delhi-110033
Respondent : Mr. Panna Lal,
APIO & Executive Engineer(M-III)
O/o Executive Engineer(M-III)
Municipal Corporation of Delhi
Rajpur Road, Civil Lines Zone,
New Delhi-110054
Facts
arising from the Complaint:
Mr.Sanjay Maan filed a RTI application with the PIO & SE(CLZ), MCD, New
Delhi on 06/10/2010 asking for certain information. 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 PIO, Office of the Superintending Engineer, MCD, Civil Line Zone, New Delhi on
18/02/2011 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 received a letter dated 04/04/2011 from the PIO & SE(CLZ)
wherein it has been stated that the RTI Application dated 06/10/2010 was received in his
office on 11/10/2010 and the same was sent to APIO & the then EE(M-III) Mr. Sanjay
Malik on the 11/10/2010 seeking assistance U/s 5(4) of the RTI Act for providing the
information. Subsequently, Mr. Panna Lal joined as EE(M-III) on 05/11/2010. A
reminder letter dated 01/12/2010 and the FAA’s order dated 11/02/2011 for providing the
information were sent to the APIO & EE(M-III) Mr. Panna Lal. It has also been
mentioned that a reply dated 11/02/2011 was furnished to the Complainant on 15/02/2011
and again on 15/03/2011.
Decision:
The Complaint is allowed
From the facts before the Commission, it appears that the APIO & EE(M-III) Mr.
Panna Lal has not provided the correct and complete information within the mandated
time and has failed to comply with the provisions of the RTI Act. The delay and inaction
on the APIO’s part in providing the information amounts to willful disobedience of the
RTI Act and also raises a reasonable doubt that the denial of information may be
malafide. The APIO & EE(M-III) Mr. Panna Lal is hereby directed to send his
written submissions to the Commission before 25/06/2011 showing cause why
penalty should not be imposed and disciplinary action should not be recommended
against him under Section 20 (1) and (2) of the RTI Act for not providing the
information to the Complainant within the stipulated time period i.e. 30 days.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
31 May 2011
(In any correspondence on this decision, mention the complete decision number.)(RA)