Central Information Commission
Mr.Bachittar Singh vs Government Of Nct Of Delhi on 29 June, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000287/13177
Complaint No. CIC/SG/C/2011/000287
Complainant : Mr.Bachittar Singh
245/311 Prakash Mohalla,
Garhi East of Kailash,
New Delhi- 110065
Respondent (1) : Public Information Officer,
Sub-Divisional Magistrate (DC/HQ),
Government of NCT of Delhi,
O/o the Deputy Commissioner South,
M B Road, Saket, New Delhi-110068
Respondent (2) : Deemed Public Information Officer,
Deputy Commissioner,
Municipal Corporation of Delhi,
Central Zone, Lajpat Nagar,
New Delhi
Facts arising from the Complaint:
The Complainant had filed a RTI application dated 22/02/2011 with the Respondent No.1 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 before this Commission. On this basis, the Commission issued a notice to the Respondent No.1 on 11/04/2011 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 is in receipt of the submissions of the Respondent No.1 vide letter dated 06/05/2011 wherein it has been stated that vide letter dated 04/04/2011 the requisite information has been provided to the Complainant. Further it has been stated that the information regarding ownership of flats/ house may be obtained from the MCD or similar civic agency and therefore the application for information sought by the Complainant against question number 2 and 3 was forwarded to the Respondent No.2 i.e. Deputy Commissioner (MCD), Central Zone, Lajpat Nagar, New Delhi vide letter dated 04/04/2011. Further no reason for delay in providing information to the Complainant has been provided.
On perusal of the records before the Commission it is noted that the Respondent No.1 has not submitted any dispatch proof of sending information to the Complainant.
Further the Commission has neither received a copy of the information sent to the Complainant nor has it received any explanation from the Respondent No.2 for not supplying the information to the Complainant. Therefore, the only presumption that can be made is that the Respondent No.2 has deliberately and without any reasonable cause refused to give information as per the provisions of the RTI Act.
Decision:
The Complaint is allowed.
In view of the aforesaid the Respondent No.1 is hereby directed to submit before the Commission speed post receipt(s) as dispatch proof of sending information to the Complainant vide letter dated 04/04/2011 before 18th July 2011.
The Respondent No.2 is hereby directed to provide complete and specific reply with respect to question number 2 and 3 of the RTI application dated 22/02/2011 to the Complainant before 18 th July 2011 with a copy to the Commission.
In view of the delay in providing information to the Complainant both the Respondents are hereby directed to submit before this Commission their written submissions to show cause why penalty should not be imposed and disciplinary action recommended against them under Section 20 (1) and (2) of the RTI Act should not be taken. This should reach the Commission before 18th July 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.
Shailesh Gandhi Information Commissioner 29 June 2011 (In any correspondence on this decision, mention the complete decision number.)(RJ)