CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC /OK/C/2008/00299/SG/2161
Complaint No. CIC/OK/C/2008/00299/SG
Complainant : Mr. Mahesh G. Ubhayakar
Flat No.- 7 , Paresh Apartment
86, 4th Main Road
Malleswaram, Bangalore
560003
Respondent : Public Information Officer
CPRO & PIO/SWR/UBL
South Western Railway,
Head Quarter Office
Keshwapur, Hubli-580023
Facts
arising from the Complaint:
Mr. Anil Kumar had filed a RTI application with the PIO, CPRO & PIO/SWR/UBL
South Western Railway on 24/07/2007 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 Perusal of the complaint, it is found that, the PIO vide his reply dated
19/02/2008 has denied the information on Points a, c, d, & on the ground that the
information sought is confidential.
Decision:
Complaint Allowed.
The PIO’s reply is bad in law. Any denial of information has to be justified under one or
more of the provisions of Section 8 of the RTI Act. The PIO in his response has made no
mention of the provisions under which information has been denied to the complainant.
The PIO can’t take the liberty of denying the information by creating exemptions of his
own accord and which have no basis in the law. Therefore, the PIO is directed to provide
the necessary information free of cost to the complainant before March 27, 2009.
Shailesh Gandhi
Information Commissioner
March 4, 2009
(For any further communication, please mention the decision No. given at top)