Central Information Commission
Mr. Ripu Sudan vs Municipal Corporation Of Delhi on 23 July, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/C/2009/000498/4253
Complaint No. CIC/C/2009/000498
Complainant : Mr. Ripu Sudan
C-2/55, Sector-20, Rohini,
New Delhi-110085
Respondent : Public Information Officer,
Municipal Corporation of Delhi
District Consumer Forum-V,
C.M.C. Block, Pkt-C, Shalimar Bagh,
New Delhi - 110085
Facts arising from the Complaint:
Mr. Ripu Sudan had filed a RTI application with the PIO, MCD-Dostroct , Delhi on 14/02/2009 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. The Commission issued a notice to the PIO on 19/05/2009 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 derived 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 August 5, 2009. The PIO's action clearly amounts to denial of information without any reasons. The PIO is therefore, asked to show cause as to why penalty should not be imposed and disciplinary action be recommended against him under Section 20 (1) of the RTI Act. He will present himself before the Commission at the above address on September 08, 2009 at 2.30 pm along with his written submissions.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 23 July 2009 (In any correspondence on this decision, mention the complete decision number.)