Central Information Commission
Mr.Ram Raj Sethi vs Ndmc, Gnct Delhi on 19 July, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000176/13550
Complaint No. CIC/SG/C/2011/000176
Complainant : Mr. Ram Raj Sethi
9/15-A, Vijay Nagar
Double Storey, New Delhi-110009
Respondent : Public Information Officer
Deputy Director
Electric Establishment
New Delhi Municipal Council
Palika Kendra, New Delhi
Facts arising from the Complaint:
Mr. Ram Raj Sethi filed a RTI application with the PIO/Senior Account Officer, Audit Department, NDMC, New Delhi on 07/12/2010, asking for certain information. On not having received the information within the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to the PIO, Senior Account Officer, Audit Department, NDMC, New Delhi on 15/03/2011 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 received a letter dated 18/04/2011 from the Respondent wherein it has been stated that the RTI Application was received in their office through Chief Auditor's Office on 29/12/2010. Further, stating that after several forwards of the RTI Application for providing the information to and fro the Audit Department and the Electric Establishment, information has been stated to have been provided vide letter dated 03/03/2011 by the Respondent office. Copy of the information was also enclosed. On perusal of the information it has been observed that information provided with regard to Query No. 11 of the RTI Application is not appropriate. The PIO should have provided the information as exists on record, however, where the information is not available on record, a clear statement should be made to this effect.
The Commission is also in receipt of a letter dated 11/04/2011 from the Complainant alleging that information provided is not complete as he seeks information for both the electric establishment units or alternatively seeks a certificate from the PIO certifying that the information provided is the consolidated one for both establishment units. However, the Commission has perused the RTI Application and the information provided thereto, it notes that the information provided is as per the provisions of the RTI Act except for Query No. 11, for which observation has been already recorded herein above.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the correct and complete information with regard to Query No.11, if the same is not available on record, the PIO should clearly provide a statement to this effect. This information should be provided to the Complainant before 10/08/2011 with a copy to the Commission.
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 19 July 2011 (In any correspondence on this decision, mention the complete decision number.)(SP)