CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001428/11197
Complaint No. CIC/SG/C/2010/001428
Complainant : Mr. Vijay Kumar Gupta,
R-14, Inderpuri,
New Delhi - 110 012
Respondent : PIO & Superintending Engineer,
Municipal Corporation of Delhi,
Karol Bagh Zone, Nigam Bhawan,
Anand Parbat, Delhi - 110 005
Facts
arising from the Complaint:
The Complainant had filed a RTI application dated 18/08/2010
with the PIO, Karol Bagh Zone, MCD; asking for certain information, the requisite fees was paid vide
M.C.D cash receipt no. BZ 1344396 dated 18/08/2010. However on not having received the
information within the mandated time, the Complainant filed a complaint under Section 18 of the RTI
Act before this Commission. On this basis, the Commission issued a notice to the aforementioned
Respondent on 30/11/2010 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 letter dated 31/12/2010 from the Respondent addressed to the
Complainant, wherein certain information has been provided. However, the Commission has not
received any explanation from the Respondent for not supplying the information to the Complainant
within the mandated time period. Therefore, the only presumption that can be made is that the
Respondent has deliberately and without any reasonable cause refused to give information as per the
provisions of the RTI Act. There appears to be a delay of over 100 days in responding to the said
RTI application. It is pertinent to note that the RTI application received by the Respondent on
18/08/2010 was replied vide letter dated 31/12/2010, after receipt of the Notice of this Commission.
On further perusal of the records before the Commission, it is observed that adequate information has
been provided. However no dispatch proof has been attached.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to submit before this Commission a copy of the
Speed Post receipt(s) as proof of dispatch of the information sent vide letter dated 31/12/2010,
before 15th February 2011.
Furthermore, the issue before the Commission is of not providing the requisite information by the
PIO within 30 days, as required by law.
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From the facts before this Commission, it appears that the PIO has failed to comply with the
provisions of the RTI Act. The PIO is hereby directed to submit his written submissions before
this Commission by 15/02/2011, to show cause why penalty should not be imposed and disciplinary
action recommended against him under Section 20 (1) and (2) of the RTI Act, 2005. Further, the
PIO may serve this notice to any other official(s) who are responsible for this delay in providing
information, and may direct them to submit their submissions along with him.
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
Central Information Commissioner
31st January 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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