Central Information Commission
Mr. Vijay Kumar Garg vs Department Of Social Welfare, ... on 30 October, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001190/5300
Complaint No. CIC/SG/C/2009/001190
Complainant : Mr. Vijay Kumar Garg
S/o Mr. Prem Chand, F-49, Vishal Colony,
Nangloi, Delhi-110041
Respondent : (1) Jt. Dir. (Admn.) & Public Information Officer
Department of Social Welfare,
Government of NCT of Delhi
GLNS Complex, Delhi Gate, Delhi-110002
(2) JD (FAS/Tech.) & Public Information Officer
Dept. of Woman & Child Development,
Government of NCT of Delhi
1, Canning Lane, K.G. Marg, New Delhi-110001
(3) JD (CW) & Public Information Officer
Dept. of Woman & Child Development,
Government of NCT of Delhi
1, Canning Lane, K.G. Marg, New Delhi-110001
(4) Dy. Dir. (FAS) & Public Information Officer
Dept. of Woman & Child Development,
Government of NCT of Delhi
1, Canning Lane, K.G. Marg, New Delhi-110001
(5) Dy. Dir. (WW) & Public Information Officer
Dept. of Woman & Child Development,
Government of NCT of Delhi
1, Canning Lane, K.G. Marg, New Delhi-110001
(6) Dy. Dir. (Social Security) & PIO
Department of Social Welfare,
Government of NCT of Delhi
GLNS Complex, Delhi Gate, Delhi-110002
(7) Dist. Officer (West) & Public Information Officer
Department of Social Welfare/WCD,
Government of NCT of Delhi
Nirmal Chhaya Complex, Jail Road,
Hari Nagar, New Delhi
(8) Sr.AO & Public Information Officer
Department of Social Welfare,
Government of NCT of Delhi
GLNS Complex, Delhi Gate, Delhi-110002
(9) Dy. Dir. (Plg.) & Public Information Officer
Department of Social Welfare,
Government of NCT of Delhi
GLNS Complex, Delhi Gate, Delhi-110002
Facts arising from the Complaint:
Mr. Vijay Kumar Garg had filed a RTI application with the PIO-Department of Social Welfare, Government of NCT of Delhi, GLNS Complex, Delhi Gate, Delhi on 31/07/2009 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 on 24/08/2009.
The Commission issued a notice to the PIO on 27/08/2009 asking him to supply the information and sought an explanation for not furnishing the information within the mandated time. The PIO- Jt. Dir. (Admn.), Department of Social Welfare, Government of NCT of Delhi, GLNS Complex, Delhi Gate, Delhi has informed the Commission vide a letter dated 25/09/2009 that he has transferred the RTI application dated 31/07/2009 of the Complainant to the concern PIOs on 09/09/2009.
The Commission has neither received a copy of the information sent to the complainant, nor has it received any explanation from the all the PIOs for not supplying the information to the complainant. Therefore, the only presumption that can be made is that all the PIOs have deliberately and without any reasonable cause refused to give information as per the provisions of the RTI Act.
Decision:
The Complaint is allowed.
All the PIOs shall send the complete information to the complainant before November 20, 2009. The action of all the PIOs clearly amounts to denial of information without any reasons. The PIOs are therefore, asked to submit a written explanation to show cause as to why penalty should not be imposed and disciplinary action be recommended against them under Section 20 (1) & (2) of the RTI Act before November 27, 2009.
If the information has already been supplied to the complainant, furnish a copy of the same to the Commission with your written submission. 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 30 October 2009 (In any correspondence on this decision, mention the complete decision number.)(RA)