CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2011/000818/14831
Complaint No. CIC/SG/C/2011/000818
Complainant : Mr. Sunil Kumar Sharma
9561, Azad Market, Library Road,
Delhi- 110006
Respondent (1) : PIO & Superintending Engineer
Municipal Corporation of Delhi,
Karol Bagh Zone, Nigam Bhawan,
Anand Parbat, Karol Bagh,
New Delhi-110005
Respondent (2) : PIO & Deputy Health Officer
Municipal Corporation of Delhi,
Karol Bagh Zone, Nigam Bhawan,
D.B Gupta Road, Anand Parbat,
Karol Bagh, New Delhi-110005
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO, MCD, Karol Bagh Zone, Delhi on
16/01/2011 asking for certain information. On not having received any information within the
mandated time the Complainant filed a Complaint under Section 18 of the RTI Act before the
Commission. On this basis, the Commission issued a notice to the said PIO on 29/07/2011 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 is in receipt of a copy of the Respondent No. 1’s letter addressed to the
Complainant dated 12/08/2011 wherein it has stated that the reply pertaining to the Building
department, Karol Bagh Zone has been provided vide letter dated 18/01/2011. Further the RTI
application with respect to query number 4, 8 and 11 was transferred to the Health Department, Karol
Bagh Zone.
On perusal of the reply dated 18/01/2011 it is noted in response to query number 1, 3 and 5 of
the RTI application it has been stated that no such information is available with the Respondent No.1’s
office. This is not an appropriate reply as the Respondent should have sought assistance of the
concerned officer under Section 5(4) of the RTI Act for the proper discharge of his/her duties.
The Commission is in receipt of the submissions of the Respondent No.2 vide letter received in
the Commission on 25/08/2011 wherein it has been stated that the RTI application was received
through the PIO & SE(KBZ) on 19/01/2011. It has been further stated that the reply with respect to the
RTI application has been provided vide letter dated 27/01/2011 requesting the Complainant to deposit
Rs.16 as fee to obtain the photocopy of information sought by the Complainant. The Complainant had
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submitted the requisite fee on 16/03/2011, the Respondent then provided the requisite copies of the
documents vide letter dated 31/03/2011 sent through speed post on 01/04/2011.
Further on perusal of the reply dated 27/01/2011 and the photocopy of the information
provided on 31/03/2011 it is noted that the reply given with respect to query number 4 and 11 is not
appropriate.
Decision:
The Complaint is allowed.
In view of the aforesaid, the Respondent No.1 is hereby directed to seek assistance from the
concerned officer under Section 5(4) of the RTI Act and provide complete and specific information
with respect to query number 1, 3 and 5 of the RTI application dated 16/01/2011 to the Complainant
before 13th October 2011 with a copy to the Commission. Further the Respondent No.1 is directed that
where the information sought is not available on record he should clearly mention the same in reply to
the Complainant.
Further the Respondent No.2 is directed provide complete and specific information and/or
photocopies of the requisite documents with respect to query number 4 and 11 of the RTI application
dated 16/01/2011 to the Complainant before 13th October 2011 with a copy to the Commission. The
copies of the information should be provided free of cost.
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
23rd September 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)
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