Central Information Commission Judgements

Mrs. Indu Bhala vs Ministry Of Human Resource … on 30 March, 2009

Central Information Commission
Mrs. Indu Bhala vs Ministry Of Human Resource … on 30 March, 2009
                       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/2009/000021/2488
                                                                Complaint No. CIC/SG/C/2009/000021

Complainant                                :        Mrs. Indu Bhala
                                                    C/o/ Mr. R.K. Kashyap
                                                    No.C-4, CSMCRI Colony
                                                    Near DSP Bunaglow, Waghavadi Road
                                                    Bhavnagar- 364002 (Gujrat)

Respondent                                  :       Public Information Officer
                                                    Ministry of Human Resource Development
                                                    Shastri Bhavan
                                                    New Delhi- 110001


Facts

arising from the Complaint:

Mrs. Indu Bhala, had filed a RTI application with the PIO, Ministry of Human Resource
Development Shastri Bhavan, New Delhi on 25/11/2008 asking for certain information. Since no
reply was received within the mandated time of 30 days, she had filed a complaint under Section
18 to the Commission. The Commission issued a notice to the PIO on 11/02/2009 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 April 25, 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 April 30, 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
March 30, 2009.

For any further communication with the Commission please mention the decision No. given at the top.