CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC /SG/C/2008/00045/SG/1809
Complaint No. CIC/SG/C/2008/00045/SG
Complainant : Mr. Rama Shankar,
F- 221,
New Seema Puri,
New Delhi- 110095
Respondent : Public Information Officer,
Deputy Director of Education North East,
B- Block, Yamuna Vihar, New Delhi
Facts
arising from the complaint:
Mr. Rama Shankar, had filed a RTI application with Public Information Officer,
Deputy Director of Education North East, B- Block, Yamuna Vihar, New Delhi New on
19/08/2008 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. The
Commission issued a notice to the PIO on 20/12/2008 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 12,
2009. The PIO’s action clearly amounts to denial of information without any reasons. The
PIO is therefore, asked to give a written submissions showing cause as to why penalty
should not be imposed and disciplinary action be recommended against him under Section 20
(1) of the RTI Act. He will give his written submissions showing cause why penalty should
not be imposed on him as mandated under Section 20 (1) before 17 March, 2009. He will
also submit proof of having given the information to the appellant.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
February 19, 2009.