Central Information Commission Judgements

Mr.Sarvan Kumar vs Mcd, Gnct Delhi on 6 May, 2010

Central Information Commission
Mr.Sarvan Kumar vs Mcd, Gnct Delhi on 6 May, 2010
                   CENTRAL INFORMATION COMMISSION
                       Club Building (Near Post Office)
                     Old JNU Campus, New Delhi - 110067
                            Tel: +91-11-26161796
                                                      Decision No. CIC/SG/C/2010/000210/7652
                                                        Complaint No. CIC/SG/C/2010/000210

Complainant                               :                Mr. Sravan Kumar
                                                           D-1005, Jehangir Puri
                                                           Delhi - 110033

Respondent                                    :            Public Information Officer
                                                           Municipal Corporation of Delhi
                                                           Slum & JJ Department, Vikas Kuttir
                                                           IP Estate, New Delhi - 110002

Facts

arising from the Complaint:

Mr. Sravan Kumar had filed a RTI application dated 20/11/2009 with the PIO,
Slum & JJ Department, MCD asking for certain information. Since no reply was received
within the mandated time period of 30 days, the Complainant filed a Complaint under
Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a
notice directing the PIO, Slum & JJ Department of MCD on 25/02/2010 to provide
information to the Complainant and further sought an explanation for not furnishing the
information within the mandated time.

Subsequently, the Commission received a copy of the information provided to the
Complainant vide a letter dated 01/04/2010 from the PIO, Slum & JJ Department, MCD.
The PIO had also stated that his office did not receive the RTI application of the
Complainant. However on perusal of the information provided, it has been observed that
information given on Query No. 2 is not appropriate and is not in accordance with the
provisions of the RTI Act. The PIO should have transferred the RTI application under
Section 6 (3) of the RTI Act to the concerned person(s)/department who would be the
custodian of the sought information with regard to the markets in Block- B2.

Decision:

The Complaint is allowed.

The PIO, Slum & JJ Department, MCD is hereby directed to transfer the RTI
Application under Section 6 (3) of the RTI Act to the concerned department for provision
of correct and complete information to the Complainant on the aforesaid Query No. 2.
Proof of transfer of the RTI Application dated 20/11/2009 should be sent to the
Complainant before 27/05/2010 with a copy to the Commission.
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.

Shailesh Gandhi
Information Commissioner
06 May 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)