CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001369/6092
Complaint No. CIC/SG/C/2009/001369
Complainant : Mr. Shyam Kumar
Old Post Office Building
Chitragupta Nagar
Munna Chowk,Kankarbagh,
Patna-20
Respondent : Public Information Officer
Assistant Secretary (Aff)
Central Board Of Secondary Education
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Vikas Marg, Delhi-110092
Facts
arising from the Complaint:
Mr. Shyam Kumar had filed a RTI application with the PIO on 10/07/2009 asking for
certain information. Since no reply was received within the mandated time of 30 days, he had
filed a Complaint under Section 18 of the RTI Act with the Commission on 22/09/2009. On this
basis, the Commission issued a notice to the PIO on 07/10/2009 with a direction to provide the
information to the Complainant and further sought an explanation for not furnishing the
information within the mandated time.
Subsequently, the Commission received a letter dated 09/11/2009 from the PIO, wherein
copy of the information being provided to the Complainant vide letter dated 30/10/2009 was
enclosed. On perusal of the information , it has been observed that for Query No(s) 1 (f) and 2
,information provided is not appropriate. On both the said queries the PIO has asked the
Complainant to contact the CBSE Regional office, Allahabad, for the information. However, the
PIO should have sought assistance under Section 5 (4) of the RTI Act, 2005 and provided the
requisite information.
Decision:
The Complaint is allowed.
The PIO is directed to collect the information by seeking assistance under Section 5 (4)
as mentioned above and provide the same to the Complainant before 25/01/2010.Proof of
dispatch of information should be sent to the Commission (Under Secretary & Deputy Registrar)
before 29/01/2010. Further, the PIO is directed 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 29/01/2010.
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
24/12/2009
(For any further correspondence in this matter, please quote the file no. mentioned above)(SP)