CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001646/6617
Complaint No. CIC/SG/C/2009/001646
Complainant : Mr. Ugarsen Mishra
Delhi Press, Saras Salil Department
E-3, Jhandewalan Estate, Rani Jhansi Marg
New Delhi
Respondent : 1.Public Information Officer
SDM (Model Town)
O/o the Sub-Divisional Magistrate
Old Middle School Building Complex,
Rampura, Delhi
2. Public Information Officer
O/o the Dy. Commissioner (NW)
North West District
Kanjhawala, New Delhi
Facts
arising from the Complaint:
Mr. Ugrasen Mishra had filed a RTI application with the PIO, O/o the DC, North
West District, Kanjhawala on 07/10/2009 asking for certain information. However on not
having received the complete information within the mandated time, the Complainant
filed a complaint under Section 18 of the RTI Act with the Commission. On this basis,
the Commission issued a notice to O/o the DC, North West District, Kanjhawala on
03/12/2009 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 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. However, the Commission received a letter dated
16/01/2010 from the Complainant alleging that information provided to him vide a letter
dated 18/12/2009 of the PIO/SDM (Model Town) is not in compliance with the
Commission’s directions vide its notice dated 03/12/2009.On perusal of the information
provided vide PIO’s letter dated 18/12/2009, it has been observed that the information
provided is not appropriate. The PIO/SDM (Model Town) should have sought assistance
under Section 5(4) of the RTI Act to provide the requisite information to the
Complainant.
Decision:
The Complaint is allowed.
The PIO,SDM (Model Town) is directed to seek assistance under Section 5(4) of
the RTI Act as mentioned above and provide the complete information in regard to the
RTI Application dated 07/10/2009 (copy enclosed) to the Complainant before
19/02/2010.Proof of dispatch of information should be sent to the Commission before
25/02/2010.The PIO’s action clearly amounts to denial of information without any
reasons. The PIO, SDM (Model Town) 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 25/02/2010.
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.
Encl: RTI Application dated 07/10/2009.
Shailesh Gandhi
Information Commissioner
01/02/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)