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Decision No. CIC/SG/C/2011/000003/11627 and Complaint No. CIC/SG/C/2011/000003. Case: A.R. Dhawan Vs Public Information Officer, New Delhi Municipal Council, Govt. of NCT of Delhi, Civil Engineering Department. Central Information Commission

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Case NumberDecision No. CIC/SG/C/2011/000003/11627 and Complaint No. CIC/SG/C/2011/000003
Party NameA.R. Dhawan Vs Public Information Officer, New Delhi Municipal Council, Govt. of NCT of Delhi, Civil Engineering Department
JudgesShailesh Gandhi, I.C.
IssueRight to Information Act
Judgement DateMarch 23, 2011
CourtCentral Information Commission

Decision:

Shailesh Gandhi, I.C.

Facts arising from the Complaint:

1. The Complainant had filed an RTI application with the PIO/DCA- I, Department of Architecture and Environs, NDMC, Palika Kendra on 05/05/2010 asking for certain information. On not having received any information within the mandated time the Complainant filed a Complaint under Section 18 of the RTI Act before the Commission. On this basis, the Commission issued a notice to the Respondent on 03/01/2011 with a direction to provide the information to the Complainant and further sought an explanation for not furnishing the information within the mandated time.

2. 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 made is that the PIO has deliberately and without any reasonable cause refused to give information as per the provisions of the RTI Act. Failure on the part of the PIO to respond to the Commission''s notice shows that there is no reasonable cause for the refusal of information. A copy of the RTI application and the notice issued by this Commission is being sent alongwith with this decision to the Respondent PIO.

Decision:

The Complaint is allowed.

3. The PIO is hereby directed to provide the complete information with respect to the RTI Application dated 05/05/2010 to the Complainant before 15th April 2011 with a copy to this Commission.

4. The PIO''s action clearly amounts to denial of information without any reasons. He is guilty of not furnishing...

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