CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000905/15397
Complaint No. CIC/SG/C/2011/000905
Complainant : Mr. P.K.Behera
Malaria Research Centre
Project Employees Association
Sector-5, Rourkela
District-Sundargarh
Orissa-769002
Respondent : Public Information Officer
Deputy Secretary
Department of Health and Research
Ministry of Health and Family Welfare
Nirman Bhawan, New Delhi-110108
Facts
arising from the Complaint:
Mr. P.K.Behera had filed a RTI application with the Respondent PIO on
09/03/2011 asking for certain information. However on not having received the
information within the mandated time, 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 Respondent PIO on 11/08/2011 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 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 made is that
the PIO has deliberately and without any reasonable cause refused to give information as
per the provisions of the RTI Act. Failure on the part of the PIO to respond to the
Commission’s notice shows that there is no reasonable cause for the refusal of
information. The Commission also received a letter dated 15/09/2011 from the
Complainant alleging that till date no information has been received.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the correct and
complete information in regard to the RTI Application dated 09/03/2011 to the
Complainant before 23/11/2011 with a copy to the Commission. From the facts before
the Commission, it appears that you have not provided the correct and complete
information within the mandated time and has failed to comply with the provisions of the
RTI Act. The delay and inaction on the PIO’s part in providing the information amounts
to willful disobedience of the Commission’s direction as well and as raises a reasonable
doubt that the denial of information may be malafide.
The PIO is hereby directed to send his written submissions to the Commission
before 28/11/2011 to show cause as to why penalty should not be imposed and
disciplinary action be not recommended against him under Section 20 (1) and (2) of the
RTI Act for not providing the information to the Complainant within the stipulated time
period of 30 days. If the information has already been supplied to the complainant, send a
copy of the same to the Commission with your written submissions, and also proof of
seeking assistance from other person(s), if any.
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
31 October 2011
Encl: RTI Application dated 09/03/2011.
(In any correspondence on this decision, mention the complete decision number.)(SP)