Central Information Commission Judgements

Mr. Sugan Lal Meena vs Municipal Corporation Of Delhi on 18 February, 2009

Central Information Commission
Mr. Sugan Lal Meena vs Municipal Corporation Of Delhi on 18 February, 2009
                 CENTRAL INFORMATION COMMISSION
                        Room No. 415, 4th Floor,
                      Block IV, Old JNU Campus,
                          New Delhi - 110067.
                         Tel: + 91 11 26161796

                                            Decision No. CIC /WB/C/2007/00916/SG/1743
                                            Complaint No. CIC/WB/C/2007/00916/SG


Complainant                         :          Mr. Sugan Lal Meena
                                               RZF-41/33, Gali No. 41
                                               Sadh Nagar, Palam
                                               New Delhi-110045


Respondent                              :      Chief Public Information Officer
                                               Municipal Corporation of Delhi,
                                               Town Hall, Chandani Chowk
                                               New Delhi



Facts

arising from the Complaint:

Mr. Sugan Lal Meena, had filed a RTI application with the PIO, Municipal Corporation of
Delhi, Chandani Chowk, New Delhi on 19/07/2007 asking for certain information. Since no
reply was received within the mandated time of 30 days, he had filed a complaint under
Section 18 to the Commission. The Commission issued a notice to the PIO on 05/12/2008
asking him to supply the information and 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 derived is that the PIO has
deliberately and without any reasonable cause refused to give information as per the
provisions of the RTI Act. His failure to respond to the Commission’s notice shows that he
has no reasons for the refusal of information.

Decision:

The Complaint is allowed.

The PIO will send the complete information to the complainant before March 11, 2009. The
PIO’s action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to submit a written explanation showing 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 March 16, 2009.

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.

Shailesh Gandhi
Information Commissioner
February 18, 2009.