CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC/SG/C/2009/000295/3798
Complaint No. CIC/SG/C/2009/000295
Complainant : Ms. Neeta Kumar
House No. 1484/1
Sector 30-B
Chandigarh-160030
Respondent : Dr. Nirendra Dev
Deputy Director & CPIO
All India Council for Technical Education
7th Floor, Chanderlok Building
Janpath, New Delhi-110001
Facts
arising from the Complaint:
Ms. Neeta Kumar had filed a RTI application with the PIO at the All India Council for
Technical Education, New Delhi on 27/01/2009 asking for certain information. Since no reply was
received within the mandated time of 30 days, she had filed a complaint under Section 18 to the
Commission. The Commission issued a notice to the PIO on 01/04/2009 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 Commission directs the PIO to provide the information free of cost to the Appellant before 15
July, 2009.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. It appears that the PIO’s actions attract the penal provisions of Section 20
(1) and Section 2 (2).
He will present himself with the written explanation to show cause why penalty should not be imposed
on him as mandated under Section 20 (1) on 30 July 2009 at 02:30 pm. He will also submit proof of
having given the information to the appellant.
Shailesh Gandhi
Information Commissioner
June 23, 2009.
(For any further communication with the Commission please mention the decision No. given at the top.)