CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001764/6799
Complaint No. CIC/SG/C/2009/001764
Complainant : Ms. Smita Rai
D/o Shri Harihar Rai
R/o-34, M.G Marg
Civil Lines, Allahabad
Respondent : Public Information Officer
C/o Assistant Registrar
Senate Hall, University of Allahabad
Allahabad, Uttar Pradesh-211002
Facts
arising from the Complaint:
Ms. Smita Rai had filed a RTI application with the PIO, University of Allahabad
on 03/12/2008 asking for certain information. However, on not having received the
information within the mandated time of 30 days, he filed a complaint under Section 18
of the RTI Act with the Commission. On this basis, the Commission issued a notice to the
PIO, University of Allahabad on 22/12/2009 with a direction to provide the information
to the Complainant and further 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 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.
Decision:
The Complaint is allowed.
The PIO is directed to provide the correct and complete information in regard to
the RTI Application dated 03/12/2008 (copy enclosed) to the Complainant before
02/03/2010.Proof of dispatch of information should be sent to the Commission before
08/03/2010.The PIO’s action clearly amounts to denial of information without any
reasons. The PIO is hereby directed to appear before the Commission at the above-
mentioned address on 25/03/2010 at 10.30 a.m along with written submissions to show
cause why penalty should not be imposed on the PIO under Section 20 (1) of the RTI
Act.
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.
Encl: RTI Application dated 03/12/2008
Shailesh Gandhi
Information Commissioner
11/02/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)