CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000742/9007
Complaint No. CIC/SG/C/2010/000742
Complainant : Mrs. Suman Devi,
N- 41, C- 364, J. J. Camp, Suraj Park,
Sector- 18, Rohini, New Delhi- 110042
Respondent : Public Information Officer & Assistant
Commissioner,
Consumer Affairs, Food and Civil Supplies,
Government of National Capital Territory of
Delhi,
(North West), Shalimar Bagh,
Delhi-110088
Facts
arising from the Complaint:
The Complainant filed a RTI application with the PIO on 27/01/2010 asking for certain
information. However on not having received the information within the mandated time,
the Complainant filed a Complaint under Section 18 of the RTI Act with the Commission
on 02/06/2010. On this basis, the Commission issued a notice to the PIO on 09/06/2010
with a direction to provide the information to the Complainant before 04/07/2010 and 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. In view of the aforesaid, the PIO is hereby directed to
provide the complete information in regard to the RTI application dated 27/01/2010 to
the Complainant before September 6, 2010 with a copy to the Commission. 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 wilful disobedience of the Commission’s direction and raises a
reasonable doubt that the denial of information may be mala fide.
The PIO is hereby directed to present himself before the Commission on September 24,
2010 at 11:00 am along with his written submissions to show cause why penalty should
not be imposed and disciplinary action be recommended against him under Sections
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20(1) and 20(2) of the RTI Act. Further, the PIO may serve this notice to such person(s)
who are responsible for this delay in providing the information, and may direct them to
be present before the Commission along with the PIO on the aforesaid scheduled date and
time. If the information has already been supplied to the Complainant, the PIO is required
to bring a copy of the same to the Commission with his written submissions and also
proof of seeking assistance from other person(s), if any.
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.
Shailesh Gandhi
Information Commissioner
August 17, 2010
Enclosed: RTI application dated 27/01/2010.
(In any correspondence on this decision, mention the complete decision number.)(DG)
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