Mr. S.K. Bhattacharjee vs South Eastern Railway on 28 April, 2009

                       CENTRAL INFORMATION COMMISSION
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                                                          Decision No. CIC/OK/C/2008/00364/SG/2978
                                                                 Complaint No. CIC/OK/C/2008/00364

Complainant                                :        Mr. S.K. Bhattacharjee
                                                    House # 251
                                                    India Athena School Road
                                                    Kharagpur, West Bengal
                                                    721305

Respondent                                  :       Public information Officer
                                                    South Eastern Railway
                                                    Kharagpur
                                                    West Bengal
Facts arising from the Complaint:
        Mr. S.K Bhattacharjee had filed a RTI application with the PIO, South Eastern Railways,
Kharagpur on 23/10/2007 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 05/03/2009 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 May 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 May 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
April 28, 2009.

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