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Mr. Vivek Mahna vs Additional District Magistrate … on 3 January, 2009

Central Information Commission
Mr. Vivek Mahna vs Additional District Magistrate … on 3 January, 2009
                  CENTRAL INFORMATION COMMISSION
                            Room no.415, 4th Floor, Block IV,
                           Old JNU Campus, New Delhi 110066.
                                 Tel : + 91 11 26161796


                              Decision No. CIC /WB/C/2007/00527/SG/0565 (adjunct)
                              Complaint No. CIC/WB/C/2007/00527/SG




Complainant                          :       Mr. Vivek Mahna,
                                             A-8, Pushpanjali Farms, Bijwasan,
                                             New Delhi-110061


Respondent                               :   Public Information Officer,
                                             Additional District Magistrate (SW),
                                             Old Terminal Tax Building, Kapashera,
                                             New Delhi-110037


Facts

arising from the Complaint:

Mr. Vivek Mahna had filed a RTI application with the PIO, Additional District Magistrate
(SW), Kapashera, New Delhi on 22/03/2007 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. The Commission issued a notice to the PIO on 10/11/2008 asking him to
supply the information and sought an explanation for not furnishing the information within
the mandated time.

Since the Commission did not receive the explanation as was sought by it from the PIO
with in the prescribed time, it issued a decision asking PIO to send the complete information
to the complainant by 05/01/2009. The PIO was also asked to appear before the Commission
on 15/01/2009 and show cause as to why penalty should not be imposed against him under
Section 20 (1) of the RTI Act.

The PIO has sent a letter dated 19/12/2008 to the Commission informing the Commission
that information has been sent to the complainant on 18/12/2008 and has furnished proof of
the same.

Decision:

The PIO has given an explanation for the delay. The Commission condones the delay and
warns the PIO to ensure that information is given to applicants with in 30 days as mandated
under Section 7 (1) of the RTI act. In light of the fact that the information has been provided
to the complainant, albeit very late, the Commission has decided to withdraw the show cause
proceedings against the PIO.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
January 3, 2009

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