CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001377/5861
Complaint No. CIC/SG/C/2009/001377
Complainant : Mr. Sumit Dutt,
21, Pocket-1, Jasola Vihar,
Behind Apollo Hospital, New Delhi-110025
Respondent : Public Information Officer
M.C.D., Central Zone, Near Jal Sadan,
Shiv Mandir Marg, Lajpat Nagar, New Delhi
Facts
arising from the Complaint:
Mr. Sumit Dutt had filed a RTI application with the PIO-Asstt. Commissioner(CED), MCD, Town
Hall, Chandni Chowk, Delhi on 11/08/2009 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 on 08/10/2009.
The Commission issued a notice to the PIO on 08/10/2009 asking him to supply the information and sought an
explanation for not furnishing the information within the mandated time.
The PIO-Asstt. Commissioner(CED), MCD, Town Hall, Chandni Chowk, Delhi has informed the
Commission vide a letter dated 09/11/2009 that he has forwarded the RTI application alongwith
Commission’s notice dated 08/10/2009 to the PIO-MCD, Central Zone, Near Jal Sadan, Lajpat Nagar, New
Delhi on 09/11/2009.
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. 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 January 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 January 10, 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.
Shailesh Gandhi
Information Commissioner
14 December 2009
Encl: Letter dated 09/11/2009 of PIO/Asst. Commissioner(CED)
(In any correspondence on this decision, mention the complete decision number.)(RA)