CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001767/6800
Complaint No. CIC/SG/C/2009/001767
Complainant : Mr. Vijay Kumar
Shri Ram Kunj Apartment
Mahesh Nagar, Road No.-4
Patna
Respondent : Public Information Officer
Central Board of Secondary Education (HQ)
Community Centre,2, Preet Vihar
New Delhi-110092
Facts
arising from the Complaint:
Mr. Vijay Kumar had filed a RTI application with the PIO, CBSE, Delhi on
06/10/2009 asking for certain information. On not having received the information within
the mandated time of 30 days, he filed a complaint under Section 18 of the RTI Act with
the Commission. On this basis, the Commission issued a notice to the PIO, CBSE(HQ),
Delhi on 23/12/2009 with a direction to provide the information to the Complainant and
further sought an explanation for not furnishing the information within the mandated
time.
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.
Decision:
The Complaint is allowed.
The PIO is directed to provide the correct and complete information in regard to
the RTI Application dated 06/10/2009 (copy enclosed) to the Complainant before
03/03/2010.Proof of dispatch of information should be sent to the Commission before
10/03/2010.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 10/03/2010.
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.
Encl: RTI Application dated 06/10/2009
Shailesh Gandhi
Information Commissioner
11/02/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)