CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001454/11292
Complaint No. CIC/SG/C/2010/1454
Complainant : Mr. Vinod Kumar,
27/17, Shakti Nagar,
Delhi-110007
Respondent (1) : PIO & Superintendent Engineer- I(West Zone),
Municipal Corporation of Delhi,
Vishal Enclave,
Rajori Garden,
New Delhi-110027
Respondent (2) : Deemed PIO & Executive Engineer (Building)
West Zone
Municipal Corporation of Delhi,
Vishal Enclave, Rajouri Garden,
New Delhi- 110027
Facts
arising from the Complaint:
The Complainant filed an RTI application with Respondent no. 1 on 09/07/2010 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 with the Commission. On this basis, the Commission issued a
notice to Respondent no. 1 on 04/12/2010 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 received a letter dated 28/12/2010 from Respondent (1), which stated that the
RTI application filed by the Complainant was received in his office on 23/07/2010 which was forwarded
to the office of Respondent no. 2 on 26/07/2010, the reply to the same was received on 03/09/2010 and
sent to the Complainant on 06/09/2010. According to the reply the Complainant was offered the
inspection of office records as the information sought by the applicant was voluminous. However, the
reply was returned by the postal department with the comments that the premises of the addressee was
found locked on repeated visits. Copies of the remarks of the Postal Authorities were attached with the
letter sent by the Respondent.
Decision:
The Complaint is allowed.
The PIO & S.E. – I is hereby directed to facilitate inspection of records to the Complainant free of
charge. The Complainant may inspect the requisite records at 11.00am on 15/2/2011 or 21/1/2011 or
28/2/2011. The PIO shall give attested photocopies of records which the Complainant wants, free of
charge upto 100 pages.
Furthermore, the issue before the Commission is of not providing the requisite information by the
CPIO and Deemed CPIO within 30 days, as required by law.
From the facts before the Commission, it appears that the Respondents have not provided the correct and
complete information within the mandated time and has failed to comply with the provisions of the RTI
Act. The delay and inaction on the Respondent’s part in providing the information raises a reasonable
doubt that the denial of information may be malafide.
The PIO(s) are hereby directed to send their written submissions to show cause why penalty should
not be imposed and disciplinary action recommended against them under Section 20 (1) and (2) of
the RTI Act. This should be sent to the Commission by 1st March 2011.
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
4th February 2011
(In any correspondence on this decision, mention the complete decision number.)(SK)