Central Information Commission Judgements

Mr. Mohammed Asif Khan vs Cbse on 20 July, 2009

Central Information Commission
Mr. Mohammed Asif Khan vs Cbse on 20 July, 2009
                      CENTRAL INFORMATION COMMISSION
                            Club Building, Near Post Office
                       Opp. Ber Sarai Market, Old JNU Campus,
                                 New Delhi - 110067.
                                Tel : + 91 11 26161796

                                                            Decision No. CIC/SG/C/2009/000558/4191
                                                              Complaint No. CIC/SG/C/2009/000558

Complainant                              :         Mr. Mohammed Asif Khan
                                                   Flat No. B-4, Dargha Apartment,
                                                   Civil Lines, Ajmer- 305001-39
                                                   Rajasthan

Respondent                                :        Public Information Officer
                                                   CBSE, Shiksha Kendra-2,
                                                   Community Centre, Preet Vihar,
                                                   Delhi-110092

Facts

arising from the Complaint:

Mr. Mohammed Asif Khan had filed a RTI application with the PIO, CBSE, Shiksha
Kendra-2, Community Centre, Preet Vihar, Delhi on 27/02/2009 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 the PIO on 08/06/2009 asking him to supply the
information by 03/07/2009 and sought an explanation for not furnishing the information within
the mandated time. The Complainant informed the Commission vide his letter dated 06/07/2009
that the required information was not sent to him within the mandated time period.

Decision:

The Complaint is allowed.

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).

PIO will submit present himself before the Commission on 31/08/2009 at 2:30pm along
with the written explanation to show cause why penalty should not be levied on him for defying
the provisions of the RTI Act, 2005.

Shailesh Gandhi
Information Commissioner
July 20, 2009.

For any further communication with the Commission please mention the decision number given above