CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000746/8942
Complaint No. CIC/SG/C/2010/000746
Complainant : Mr. Rakesh Thakur
B- 812, J.J. Colony, Bawana
New Delhi-39
Respondent : Asst. Public Information Officer
Mr. Ram Babu Tomar
Vice Principal, Govt. Co-ed Sec. School No.- 1
(School ID 1310414), J.J. Colony
Bawana, Delhi-39
Facts
arising from the Complaint:
Mr. Rakesh Thakur approached the office of the APIO, Mr. Ram Babu Tomar, Vice Principal,
Govt. Co-ed Sec. School, J.J. Colony, Delhi, to file a RTI application dated on 11/05/2010 addressed
to the PIO, O/o Deputy Director of Education, District: North West A, Shalimar Bagh, Delhi, asking
for certain information. The above mentioned APIO refused to receive the said RTI Application.
Thereafter, 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 PIO, O/o Deputy Director of Education on
09/06/2010 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 received a letter dated 13/07/2010 from the PIO, O/o Deputy Director of
Education stating that information has been provided to the Complainant vide a letter dated
03/07/2010. In this letter, the PIO has also stated that the RTI Application was not received by him
earlier and therefore no information was provided. The PIO further stated that a letter was sent to the
APIO asking him to justify his non-acceptance of the RTI application, after which a reply was sought
from the APIO vide letter dated 23/06/2010 wherein he accepted his mistake and assured to receive
any further RTI applications.
Therefore, in the light of the above circumstances, it is observed from the reply of the APIO
that the APIO has without any reasonable cause refused to receive the RTI Application as per the
provisions of the RTI Act.
Decision:
The Complaint is allowed.
From the facts before the Commission, it is apparent that the APIO has without any reasonable
cause refused to receive the RTI Application, leading to a delay of over 22 days in furnishing the
information beyond the time specified under sub-section (1) of section 7 as per the requirement of the
RTI Act. It appears that the APIO’s actions attract the penal provisions of Section 20 (1) of the RTI
Act.
The APIO is hereby directed to present himself before the Commission on 20/09/2010 at
3:30p.m. along with his written submissions to show cause why penalty should not be imposed on
him under Section 20 (1) and (2) of the RTI Act.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
13/08/2010
CC:
Public Information Officer
Deputy Director of Education
District: North West- A
BL Block, Shalimarbagh
Delhi-88
(In any correspondence on this decision, mention the complete decision number.)(JA)