Central Information Commission
Mr. Prabhu Dayal vs Consumer Affairs, Food And Civil ... on 7 September, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000827/9279
Complaint No. CIC/SG/C/2010/000827
Complainant : Mr. Prabhu Dayal,
G-791, J.J.Colony, Sawda Ghevra,
New Delhi-110081
Respondent : (1) PIO & Assistant Commissioner (North West),
Department of Food and Supplies,
Government of NCT of Delhi
C- Block, Pocket -C
Shalimar Bagh, New Delhi-110088
(2) Deemed PIO & F.S.O
Department of Food and Supplies,
Government of NCT of Delhi
F.S.O Circle - 08, Rajendra Park,
Mundka, Nangloi, New Delhi-110081
(3) Deemed PIO & Inspector,
Department of Food and Supplies,
Government of NCT of Delhi
F.S.O Circle - 08, Rajendra Park,
Mundka, Nangloi, New Delhi-110081
Facts arising from the Complaint:
Mr. Prabhu Dayal, had filed an RTI application with the Public Information Officer, Department of Food and Supplies, Govt. of NCT of Delhi Shalimar Bagh, Delhi on 23/12/2009 asking for information. However, on not having received any information within the mandated time she filed a complaint under Section 18 of the RTI Act with this Commission. On this basis, the Commission issued a notice to the PIO on 25/06/2010 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 a copy of a letter dated 16/07/2010 from the deemed PIO/ FSO, Circle - 8; wherein the information has been provided to the Complainant. This was done pursuant to the Notice sent by this Commission. The Commission has also received an explanation for the delay on the part of both the deemed PIO's i.e. the FSO and the Inspector. The Commission observes that appropriate information has not been provided with respect to Query no. 02, 03 and 04 of the RTI application. The deemed PIO should have sought assistance under Section 5 (4) of the RTI Act from the concerned official(s) who could be the custodian of the information sought and thereby making it available to the Complainant Page 1 of 2 Further more, the explanation received from both the deemed PIO's does not appear reasonable enough for causing delay of such a long duration. Prima Facie, there appears to be a delay of over 180 days in providing the information with regard to the RTI Application.
Decision:
The Complaint is allowed.
In view of the aforesaid, the deemed PIO & FSO is hereby directed to seek assistance under Section 5(4) of the RTI Act from the concerned officials(s) and provide the certified copies of the information to the Complainant before 26/09/2010 with a copy to this Commission. Further, from the facts before the Commission it is apparent that both the deemed PIO's have failed to comply with the provisions of the RTI Act and are guilty of not furnishing the information within the time limit specified under sub-section (1) of Section 7, by not replying within 30 days, as per the mandate of the Act. It appears that both the PIO's actions attract the penal provisions and disciplinary action of Section 20 (1) and (2).
The PIO & AC (North West), deemed PIO & FSO and deemed PIO & Inspector are hereby directed to be present before this Commission on 4th October 2010 at 04:30 pm along with written submissions to showcause why penalty should not be imposed and disciplinary action recommended against them under Section 20 (1) and (2) of the RTI Act. Further, the deemed PIO's are directed to serve this notice to any other official(s) who are responsible for this delay in providing the information, and direct them to be present before the Commission along with them on the aforesaid scheduled date and time. The deemed PIO's should also bring along proof of seeking assistance from other official(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, 2005.
Shailesh Gandhi Information Commissioner 07 September 2010 (In any correspondence on this decision, mention the complete decision number.)(ANP) Page 2 of 2