CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000071/7158
Complaint No. CIC/SG/C/2010/000071
Complainant : Mr. Bibhu Raj Kumar
B-Type, Quarter No.12,
Angapathra, P.O-Katrasgarh
Dist:-Dhanbad, Jharkhand-828113
Respondent : Public Information Officer
All India Council For Technical Education
QA Bureau, NBCC Place
4th Floor, Eastern Tower
Bhisham Pitmah Marg, Pargati Vihar
Lodhi Road, New Delhi-110003
Facts arising from the Complaint:
Mr. Bibhu Raj Kumar had filed a RTI application with the PIO, AICTE (QA
Bureau), NBCC Place, Lodi Road, New Delhi on 02/09/2009 asking for certain
information. However on not having received the information within the mandated time,
the Complainant filed a complaint under Section 18 of the RTI Act with the Commission.
On this basis, the Commission issued a notice to the PIO, AICTE, NBCC Place, Lodi
Road, New Delhi on 23/01/2010 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.
In view of the aforesaid the PIO is directed to provide the complete information in
regard to the RTI Application dated 02/09/2009 to the Complainant before
05/04/2010.Proof of dispatch of information should be sent to the Commission before
08/03/2010. From the facts before the Commission, it appears that you have 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 PIO's part in providing
the information amounts to willful disobedience of the Commission's direction as well
and also raises a reasonable doubt that the denial of information may be malafide.
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The PIO is hereby directed to present himself before the Commission on
27/04/2010 at 10.00am along with his written submissions to show cause why penalty
should not be imposed and disciplinary action be recommended against him under
Section 20 (1) and (2) of the RTI Act. Further, the PIO may serve this notice to such
person(s) who are responsible for this delay in providing the information, and may direct
them to be present before the Commission along with the PIO on the aforesaid scheduled
date and time. If the information has already been supplied to the complainant, bring a
copy of the same to the Commission with your written submissions, and also proof of
seeking assistance from other person(s), if any.
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.
Shailesh Gandhi
Information Commissioner
15/03/2010
Encl: Copy of RTI Application dated 02/09/2009.
(In any correspondence on this decision, mention the complete decision number.)(SP)
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