CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000821/4667
Complaint No. CIC/SG/C/2009/000821
Complainant : Mr. T. N. Vijh,
House no. D-253, Anand Vihar, Delhi-110092
Respondent : The Superintending Engineer-cum - PIO,
PWD, GNCTD, PWD Civil Roads Maintenance Circle, M-21,
Eastern Approach, 2nd Nizamuddin Bridge, NH-24 Byepass, Delhi
Facts
arising from the Complaint:
Mr. T. N. Vijh had filed a RTI application with the PIO – PWD, GNCTD, O/o The Director
(Maintenance), O/o Engineer in Chief, PWD, M.S.O. Building, 12th Floor, New Delhi on 15/07/2008 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 15/07/2009. The Commission issued a notice to the PIO on 16/07/2009
asking him to supply the information and sought an explanation for not furnishing the information within the
mandated time.
The PIO- PWD, GNCTD, O/o The Director (Maintenance) has informed the Commission vide a letter
dated 28/07/2009 that he had transferred the RTI Application of the complainant to PIO-The Superintending
Engineer, PWD Civil Roads Maintenance Circle, M-21, Eastern Approach, 2nd Nizamuddin Bridge, NH-24
Byepass, Delhi-110091 on 25/07/2008.
The Commission has neither received a copy of the information sent to the complainant, nor has it
received any explanation from the PIO- The Superintendent Engineer, PWD Civil Roads Maintenance Circle,
Delhi-110091 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 September 22, 2009. 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 September 27, 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.
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
01 September 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)