Central Information Commission Judgements

Mr. Yogender Kumar vs University Of Delhi on 3 November, 2009

Central Information Commission
Mr. Yogender Kumar vs University Of Delhi on 3 November, 2009
                          CENTRAL INFORMATION COMMISSION
                              Club Building (Near Post Office)
                            Old JNU Campus, New Delhi - 110067
                                   Tel: +91-11-26161796

                                                                      Decision No. CIC/SG/C/2009/001221/5355
                                                                        Complaint No. CIC/SG/C/2009/001221

Complainant                                      :          Mr. Yogender Kumar,
                                                            House no.12, Gali no.9, West Azad Nagar,
                                                            Krishan Nagar, Delhi-110051

Respondent                                        :         Public Information Officer
                                                            University of Delhi
                                                            Vivekanand College, Vivek Vihar, Delhi-110095

Facts

arising from the Complaint:

Mr. Yogender Kumar had filed a RTI application with the PIO -University of Delhi,
Vivekanand College, Vivek Vihar, Delhi on 05/06/2009 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 on 19/08/2009.

The Commission issued a notice to the PIO on 29/08/2009 asking him to supply the
information by 23/09/2009 and sought an explanation for not furnishing the information within
the mandated time. The PIO has informed the Commission vide a letter dated 23/09/2009 that the
reply of the RTI Application dated 05/06/2009 has been sent to the Complainant on 25/07/2009.

A perusal of papers submitted by the PIO it appears that the information supplied to the
Complainant is not the information which was sought in RTI Application dated 05/06/2009 filed
by the Complainant. Therefore the PIO is directed to supply the correct and complete
information to the Complainant.

Decision:

The Complaint is allowed.

The PIO will send the correct and complete information to the complainant before
November 23, 2009. The PIO’s action clearly amounts to denial of information without any
reasons. The PIO is therefore, asked to submit a written explanation to show 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 November 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.
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
03 November 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)