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/2008/00217/1923
Complaint No. CIC/SG/C/2008/00217
Complainant : Mr. Pradeep Kumar
700-A, Gali No. 15
Adarsh Mohalla, Maujpur
Delhi-110053
Respondent : Deputy Director of Education
& P.I.O. - North East District
Govt. of NCT of Delhi
Directorate of Education
RPVV, Yamuna Vihar,
Delhi - 53
Facts
arising from the Complaint:
Mr. Pradeep Kumar, had filed a RTI application with the PIO (H.Q.),Old Secretariat,
Delhi on 07/08/2008 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. The
Commission issued a notice to Mr. H.S.Choudhary, PIO(H.Q.) on 05/01/2009 asking him to
supply the information and sought an explanation for not furnishing the information within the
mandated time. The PIO(H.Q.), Mr. H.S.Choudhary through letter no.
DE/RTI/Misc./CIC(97)/2007 dated 16/01/2009 forwarded CIC’s notice dated 05/01/2009(Copy
enclosed.) to Dy.Director (Edu.), Distt.North East, Yamuna Vihar as it pertains to North East
District.
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 PIO(North-East) will send the complete information to the complainant before
March 20, 2009. The PIO’s action clearly amounts to denial of information without any reasons.
The PIO is therefore, asked to submit a written explanation showing cause as to why penalty
should not be imposed and disciplinary action be recommended against him under Section 20 (1)
& (2) of the RTI Act before March 25, 2009.
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.
Shailesh Gandhi
Information Commissioner
February 23, 2009
(For any case correspondence pertaining to this decision, mention the complete decision number.)