CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001541/ 11777
Complaint No. CIC/SG/C/2010/001541
Complainant : Mrs. Uma Devi,
H. No. A-118, Holmbi Kalan,
Delhi-110082
Respondent : PIO & Assistant Commissioner (North West),
Department of Food and Supply,
Govt. of NCT of Delhi,
CSC, CC Block, Shalimar Bagh,
New Delhi - 110 088
Facts
arising from the Complaint:
The Complainant had filed an RTI application with the aforementioned Respondent on 06/09/2010
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 the Respondent on 24/12/2010 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 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. 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. Failure on the part of the PIO to respond to the Commission’s
notice shows that there is no reasonable cause for the refusal of information.
Decision:
The Complaint is allowed.
The PIO is hereby directed to provide the complete information with respect to the RTI
Application to the Complainant before 20th April 2011 with a copy to this Commission.
The issue before the Commission is of not providing the requisite information by the PIO
within 30 days, as required by law.
From the facts before the Commission, it appears that the PIO has 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 PIO’s part in providing the information, amounts to willful
disobedience of the Commission’s direction and also raises a reasonable doubt that the denial of
information may be malafide.
The PIO is hereby directed to send his written submissions 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. Further, the CPIO may serve this notice to any other official (s) who are
responsible for this delay in providing the information, and may direct them to submit their
written submissions along with him. This should be sent to the Commission by 25th April 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
31st March 2011
(In any correspondence on this decision, mention the complete decision number.)(SK)