Central Information Commission
Dr. R. R. Gautam vs Mcd, Gnctd on 25 August, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000789/4574
Complaint No. CIC/SG/C/2009/000789
Complainant : Dr. R. R. Gautam,
E-82, Thomson Road, MCD Officers Qrts,
New Delhi-110002
Respondent : Public Information Officer
MCD, GNCTD,
CMO(TB), Municipal Corporation of Delhi,
Town Hall, Delhi-110006
Facts arising from the Complaint:
Dr. R. R. Gautam had filed a RTI application with the PIO - MCD, GNCTD, Town Hall, Delhi-110006 on 04/05/2009 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 on 07/07/2009. The Commission issued a notice to the PIO on 07/07/2009 asking him to supply the information and 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. His failure to respond to the Commission's notice shows that he has no reasons for the refusal of information.
Decision:
The Complaint is allowed.
The PIO will send the complete information to the complainant before September 15, 2009. The PIO's action clearly amounts to denial of information without any reasons. The PIO is therefore, asked to submit a written explanation showing cause as to why penalty should not be imposed and disciplinary action be recommended against him under Section 20 (1) & (2) of the RTI Act before September 20, 2009.
If the information has already been supplied to the complainant, furnish a copy of the same to the Commission with your written submission. 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 25 August 2009 (In any correspondence on this decision, mention the complete decision number.)(RA)