CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000506/11486
Complaint No. CIC/SG/C/2010/000506
Complainant : Mr. Gaurav Shukla,
H. No. 285, Moh. Sinjai,
Shahjahanpur, Uttar Pradesh
Respondent : Central Public Information Officer
National Council for Teacher Education,
4 Bahadur Shah Zafar Marg,
New Delhi - 110 002
Facts
arising from the Complaint:
The Complainant had filed an RTI application with the aforementioned Respondent on
26th February 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 this
Commission. On this basis, the Commission issued a notice to the Respondent on 11th January 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.
The Commission has neither received a copy of the information sent to the Complainant, nor has
it received any explanation from the CPIO for not supplying the information to the
Complainant. Therefore, the only presumption that can be made is that the CPIO 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 CPIO to respond to the Commission’s notice shows
that there is no reasonable cause for the refusal of information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the CPIO is hereby directed to provide the complete information with regard
to the RTI Application dated 26th February 2010 to the Complainant before 30th March 2011 with a
copy to the Commission.
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The issue before the Commission is of not providing the requisite information by the CPIO
within 30 days, as required by law.
From the facts before the Commission, it appears that the CPIO has not provided the correct and
complete information within the mandated time and has failed to comply with the provisions of the
RTI Act. The delay and inaction on the CPIO’s part in providing the information, amounts to willful
disobedience of the Commission’s direction and also raises a reasonable doubt that the denial of
information may be malafide.
The CPIO is hereby directed to present himself before this Commission on 4th April 2011 at
12.30 PM along with his written submissions to show cause why penalty should not be imposed
and disciplinary action recommended against him under Section 20 (1) and (2) of the RTI Act.
Further, the CPIO may serve this notice to any other official (s) who are responsible for this
delay in providing the information, and may direct them to be present before the Commission
along with him on the aforesaid scheduled date and time. The CPIO shall also bring proof of
seeking assistance from other officials(s), if any.
This decision is announced in open chamber.
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.
Shailesh Gandhi
Information Commissioner
15th March 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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