Central Information Commission
Mr. Sayeed Ahmed vs Mcd, Gnct Delhi on 11 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000555/14027
Complaint No. CIC/SG/C/2011/000555
Complainant : Mr. Sayed Ahmed,
6916, Gali Gondni wali,
Ahata Kidara,
Delhi 110006
Respondent : PIO & Superintending Engineer
Municipal Corporation of Delhi,
Sadar Paharganj Zone,
Idgah Road, Near Police Station,
Sadar Bazar, Delhi - 110 006
Facts arising from the Complaint:
The Complainant had filed a RTI application with the PIO, Sadar Paharganj Zone on 28/03/2011 asking for certain information. Since he did not get any information from the PIO, he filed a first appeal on 28/04/2011. Since there was no response from the First Appellate Authority, and he had received no information, he filed a Complaint under Section 18 of the RTI Act before this Commission on 30/05/2011. On this basis, the Commission issued a notice to the PIO on 03/06/2011 directing him to provide the information before 28/06/2011.
The Commission is in receipt of the submissions of the Complainant dated 06/07/2011 stating that he has received the requisite information and requests that the delay be inquired.
However, 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.
The issue before the Commission is of not providing the requisite information by the PIO within 30 days, as required by law.Page 1 of 2
The PIO's action clearly amounts to denial of information without any reasons. The PIO appears to be 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 actions of the PIO attract the penal provisions and disciplinary action of Section 20 (1) and (2) of the RTI Act. The PIO is hereby directed to be present before this Commission on 08/09/2011 at 10.30 am along with written submissions to show cause why penalty should not be imposed and disciplinary action recommended against him under Section 20 (1) and (2) of the RTI Act. Further, the PIO may serve this notice to any other official (s) who are responsible for not providing the information, and may direct them to be present before the Commission along with the PIO on the aforesaid scheduled date and time.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 11th August 2011 (In any correspondence on this decision, mention the complete decision number.)(ANP) Page 2 of 2