Refusal to receive the RTI applications due to incomplete address on the envelopes
The appellant filed three applications under the Right to Information (RTI) Act with the East Delhi Municipal Corporation (EDMC) seeking information pertaining to the work orders and lap certificates of all jobs done by the Corporation for certain period. He also sought to do core testing of the materials used. The Public Information Officer (PIO) did not provide any response to the appellant.
During the hearing the before Central Information Commission (CIC), the respondent stated that the three RTI applications referred to by the appellant had not been received by them. The appellant produced the three envelopes vide which the RTI applications had been sent to the PIOs and stated that the same had been returned back to him by the postal authorities with the statement that an official of the Department has refused to receive the same. The respondent stated that the address written on the envelopes is incomplete and the full designation of the PIO was not given. The respondent further stated that the order of the First Appellate Authority (FAA), which has been annexed by the applicant with second appeal, did not pertain to the three RTI applications which were being heard by the Commission.
View of CIC
The Commission observed that the website of the MCD displays the full designation of the PIOs and the appellant has erred in not providing the correct address on the envelopes of his RTI application. All three envelopes were opened in the presence of the Commission and it was confirmed that these three RTI applications were never delivered to the respondent nor did the appellant deposit the prescribed fees. The CIC rejected all the three appeals stating that the appellant has failed to annex the correct order of the FAA and thus it was not possible to adjudicate upon the matter.
Citation: Mr. Vijay Mehta v. East Delhi Municipal Corporation in Appeal: No. CIC/DS/A/2012/002163, CIC/DS/A/2012/002164, CIC/DS/A/2012/002165
RTI Citation : RTIFI/2013/CIC/1318
Click here to view original RTI order of Court / Information Commission