CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000579/8552
Complaint No. CIC/SG/C/2010/000579
Complainant : Ms. Vinay Rani Garg
A-123, Sector-22,
Noida-201301
Respondent : Public Information Officer/A.S.P.I.O
Labour Officer
O/o the Dy. Labour Commissioner
Labour Department (South District)
A-Wing, 1st Floor, Room No.116-123
Push Bhawan, Push Vihar, Madangir
New Delhi-110062
Facts
arising from the Complaint:
Ms. Vinay Rani Garg had filed a RTI application with the PIO, CMO ,Old
Secretariat, New Delhi on 08/03/2010 asking for certain information. Subsequently, the
RTI Application was transferred to the PIO, Labour Department, GNCTD, Shamnath
Marg, New Delhi vide a letter dated 15/03/2010. On not having received the information
within the mandated time of 30 days, he filed a complaint under Section 18 of the RTI
Act with the Commission. On this basis, the Commission issued a notice to the PIO/ALC,
Labour Department, GNCTD on 04/05/2010 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 received a copy of letter dated 26/05/2010 of the
A.S.PI.O/Labour Officer, Labour Department (South District), GNCTD addressed to the
Complainant wherein it has been stated that information with regard to what has been
sought in the RTI application has been provided vide a letter dated 26/08/2009 ,copy of
which was enclosed. It is clearly not an appropriate act as per the provisions of the RTI
Act. There is neither any proof of having specifically responded to the RTI Application
dated 08/03/2010 nor has the PIO given any explanation to the Commission for not
responding to the RTI Application in the preset matter. The PIO should have responded
to the RTI Application in consonance with the provisions of the RTI Act.
Decision:
The Complaint is disposed off.
In view of the aforesaid, the PIO is hereby directed to respond in regard to the
RTI Application dated 08/03/2010 specifically and provide relevant information to the
Complainant before 05/08/2010 with a copy to the Commission. From the facts before
the Commission, it appears that you have failed to comply with the provisions of the RTI
Act thereby faulted in providing the information within the mandated time. The inaction
on the PIO’s part to comply with the provisions of the RTI Act appears to be without any
reasonable cause. The PIO is therefore, asked to submit a written explanation to show
cause as to why penalty should not be imposed and disciplinary action be not
recommended against him under Section 20 (1) & (2) of the RTI Act before 11/08/2010.
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
15 July 2010
(In any correspondence on this decision, mention the complete decision number.)(SP)