CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SM/C/2011/000762/SG/14925
Complaint No. CIC/SM/C/2011/000762/SG
Complainant : Mr. Pratap Singh
Bambooflat (Village&P.O)
Port Blair, South Andaman
Respondent : Public Information Officer
O/o the Assistant Commissioner (S)
Andaman District
Andaman & Nicobar Islands
Port Blair-744101
Facts
arising from the Complaint:
Mr. Pratap Singh had filed a RTI application with the PIO, Andaman District on
04/04/2011 asking for certain information. However 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 PIO
on 09/08/2011 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 complete
information in regard to the RTI Application dated 04/04/2011 to the Complainant before
18/10/2011 with a copy to the Commission. 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.
The PIO is hereby directed to send his written submissions to the Commission before
23/10/2011 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. 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 copy of 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
28 September 2011
Encl: RTI Application dated 04/04/2011
(In any correspondence on this decision, mention the complete decision number.)(SP)