CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC /WB/C/2008/00229/SG/2022
Complaint No. CIC/WB/C/2008/00229/SG
Complainant : Mr. Jogender
H.No. 388, Village Kanjhawala
New Delhi-110081
Respondent : The Public Information Officer /SDM
(Saraswati Vihar)
Kanjhawala, New Delhi-110081
Facts
arising from the Complaint:
Mr. Jogender had filed a RTI application with the PIO/SDM, Kanjhawala, New Delhi on
16/10/2007 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 15/12/2008 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 March 20, 2009.
The PIO’s action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to submit a written explanation showing cause as to why penalty should not be
imposed and disciplinary action be recommended against him under Section 20 (1) & (2) of the
RTI Act before March 25, 2009.
If the information has already been supplied to the complainant, furnish a copy of the
same to the Commission with your written submission.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
February 24, 2009.