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/2009/000296/3265
Complaint No. CIC/SG/C/2009/000296
Complainant : Dr. K Francis Sudhakar
Q.No D-13/3, NIT Staff Quarters
NIT Warangal, Andhra Pradesh-506004
Respondent : Public Information Officer
& Registrar
National Institute of Technology
Warangal - 506021, Andhra Pradesh
Facts
arising from the Complaint:
Dr. K Francis Sudhakar had filed a RTI application with the PIO ,National Institute of
Technology, Warangal, Andhra Pradesh on 25/02/2009 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 01/04/2009 asking him to
supply the information and 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 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 will send the complete information to the complainant before June 10, 2009.
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).
He will submit written expalnation showing cause why penalty should not be imposed on him as
mandated under Section 20 (1) on before June 15, 2009. He will also submit proof of having
given the information to the appellant and the copy of same will be provided to the Commission.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
May 15, 2009
(Please refer to the above mentioned decision number in case of any further communication)