Central Information Commission
Mr. S. K.Marwah vs Public Works Department, Govt. Of Nct Of ... on 29 July, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000506/4285
Complaint No. CIC/SG/C/2009/000506
Complainant : Mr. S. K.Marwah
A-44 H, Munirka DDA,
New Delhi - 110067
Respondent : Public Information Officer
Public Works Department
Govt. of NCT of Delhi
O/o S.E. CBMC-M13m 11th Floor,
MSO Building, I.P.Estate,
New Delhi - 110002
Facts arising from the Complaint:
Mr. S.K.Marwah had filed a RTI application with the PIO at the PWD-GNCT, New Delhi on 22/03/2009 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 25/05/2009 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 15, 2009.
The PIO's action clearly amounts to denial of information without any reasons. The PIO is therefore, asked to submit a written explanation showing cause as to why penalty should not be imposed and disciplinary action be recommended against him under Section 20 (1) & (2) of the RTI Act before August 20, 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 29 July 2009 (In any correspondence on this decision, mention the complete decision number.)