CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001875/8706
Appeal No. CIC/SG/A/2010/001875
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Satish Chouhan,
P-2/654 Sultan Puri,
New Delhi-110086
Respondent : Public Information Officer &
Assistant Commissioner,
Food & Supply Department,
Government of National Capital Territory of
Delhi,
North- West, C-Block, Pocket C,
Shalimar Bagh, New Delhi
RTI application filed on : 18/08/2009
PIO replied on : Not enclosed
First appeal filed on : 24/09/2009
First Appellate Authority order of : 22/10/2009
Second Appeal received on : 21/11/2009
Information Sought:
Provide details on the basis of which cards of KODs and FPSs of the P-1 Block have been
put on the KODs & FPSs of shops which are 400 feet away from P-1 Block by the Food &
Supply Department? Specify whether the cards are in use or not?
Reply of the Public Information Officer (PIO):
The reply of the PIO is not enclosed.
Grounds for the First Appeal:
Information provided by the PIO was found to be unsatisfactory.
Order of the First Appellate Authority (FAA):
The FAA noted that the information supplied to the Appellant was incomplete. The records
sought by the Appellant were from 2004 whereas the records provided to him were from
2007. The FAA directed the PIO to provide complete information as per the RTI application
within 20 days from the date of the issue of the order of the FAA.
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Grounds for the Second Appeal:
Information was not provided by the PIO and non- compliance of the FAA’s order.
Decision:
The Commission has perused the documents submitted by the Appellant. The FAA has given
a clear order directing the PIO to provide the Appellant with the complete information within
20 days from the date of issue of the order of the FAA. The Appellant has not been provided
with the information requested for despite the order of the FAA. The Commission therefore
directs the PIO to provide the information requested for by the Appellant. Denial of
information to an Appellant under the RTI Act can only be done if what is sought is not
“information” as defined under Section 2(f) of the RTI Act or is exempt under Section 8(1)
of the RTI Act. The PIO has neither claimed that it is not “information” nor has he claimed
that it is exempt under Section 8(1) of the RTI Act.
The Appeal is allowed. The PIO is directed to provide the information requested by the
Appellant before August 16, 2010.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
the complete information within the time specified under Section 7(1) by not replying within
30 days per the requirement of the RTI Act. He has further refused to obey the orders of the
FAA, which raises a reasonable doubt that the denial of information may also be mala fide.
The FAA has clearly ordered the information to be given. It appears that the actions of the
PIO attract the penal provisions of Section 20(1) of the RTI Act. A show cause notice is
being issued to him and he is directed to give reasons to the Commission to show cause why
penalty should not be levied on him.
The PIO will present himself before the Commission at the above address on August 31,
2010 at 3:00 pm along with his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20(1) of the RTI Act. He will also submit
proof of having given the information to the Appellant.
If there are other persons responsible for the delay in providing the information to the
Appellant and for not complying with the order of the FAA, the PIO is directed to inform
such persons of the show cause hearing and direct them to appear before the Commission
with him.
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.
Shailesh Gandhi
Information Commissioner
July 26, 2010
(In any correspondence on this decision, mention the complete decision number.) (VN)
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