CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000746/4413
Complaint No. CIC/SG/C/2009/000746
Complainant : Mr. Rajesh Kumar
4765/46, 3rd Floor, Raighar Pura,
Karol Bagh, New Delhi
Respondent : Public Information Officer
Educational Consultant India Ltd.
Ed. CIL House, Plot No. 18-A,
Sector- 16-A, Noida,
Dist- Gautam Budh Nagar, U.P.
Facts
arising from the Complaint:
Mr. Rajesh Kumar had filed a RTI application with the PIO – Educational Consultant
Inndia Ltd., Gautan Budh Nagar, U.P. on 31/12/2008 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 on 23/06/2009. The Commission issued a notice to the PIO on 24/06/2009
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 August 28, 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 September 02, 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.
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
11 August 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)