CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000756/9069
Complaint No. CIC/SG/C/2010/000756
Complainant : Ms. Godavari Devi
W/o Late Mr. Matrumal Gupta
X- 182/8, Brahampuri
Near Shiv Mandir, Street No. 8
New C No. 1849, Delhi-110053
Respondent : PIO & Dy. Director (Enf.)
Enforcement Department
New Delhi Municipal Council
Pragati Bhawan: Jai Singh Road
New Delhi- 110001
Facts
arising from the Complaint:
Ms. Godavari Devi filed a RTI application with the CPIO, NDMC, Palika Kendra, New Delhi-
110001 on 05/03/2010 asking for certain information. However on not having received the information
within the mandated time, a Complaint was filed under Section 18 of the RTI Act with the Commission On
this basis, the Commission issued a notice to the PIO, NDMC, Palika Kendra on 11/06/2010 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 21/07/2010 from the PIO & Dy. Director (Enf.),
Enforcement Department, NDMC, Pragati Bhawan: Jai Singh Road, wherein it has been stated that the
information has been provided to the Complainant vide a letter dated 12/07/2010 via speed post. The
Commission observes that the PIO & Dy. Director (Enf.), Enforcement Department has failed to give any
explanation for the delay in replying to the RTI Application dated 05/03/2010. There appears to be a delay
of above 90 days in responding to the RTI Application.
Decision:
The Complaint is allowed.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO & Dy. Director (Enf.), Enforcement
Department, is guilty of not furnishing information within the time specified under sub-section (1) of
Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the PIO’s
actions attract the penal provisions and disciplinary action of Section 20 (1) and (2) of the RTI Act.
The PIO & Dy. Directors (Enf.), action clearly amounts to denial of information without any
reasonable cause. The PIO & Dy. Director (Enf.), Enforcement Department, NDMC, Pragati Bhawan: Jai
Singh Road, New Delhi- 110001 is therefore directed to submit a written explanation to show cause as to
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why penalty should not be imposed and disciplinary action be recommended against him under Section 20
(1) & (2) of the RTI Act before 10/09/2010.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
. Information Commissioner
19/08/2010
(In any correspondence on this decision, mention the complete decision number.(JA)
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