CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000347/13229
Complaint No. CIC/SG/C/2011/000347
Complainant : Mr. R H Bansal
A-59, Vijay Vihar
Phase-2, Rohini
New Delhi-110085
Respondent : Public Information Officer
Principal Secretary
Department of Health and Family Welfare
GNCTD, 9TH Level, A-Wing, Delhi
Secretariat, I.P.Esate, New Delhi
Facts
arising from the Complaint:
Mr. R H Bansal filed an RTI application dated 22/01/2011 with the PIO,
Department of Health, GNCTD 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 with the Commission. On this basis, the Commission issued a notice to the
Respondent on 27/04/2011 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 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 hereby directed to provide the correct and
complete information with regard to the RTI Application dated 22/01/2011 to the
Complainant before 26/07/2011 with a copy to the Commission. From the facts before the
Commission, it appears that the PIO 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 PIO’s part in providing the information even after the
Commission’s direction, amounts to willful disobedience of the Commission’s order and
raises a reasonable doubt that the denial of information may be malafide.
The PIO is hereby directed to submit his written submissions to show cause why
penalty should not be imposed and disciplinary action be not recommended against him
under Section 20 (1) and (2) of the RTI Act before 01/08/2011. If the information has
already been supplied to the Complainant, send 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
01 July 2011
Encl: Copy of RTI application dated 22/01/2011.
(In any correspondence on this decision, mention the complete decision number.)(SP)