CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000485/13838
Complaint No. CIC/SG/C/2011/000485
Complainant : Mr. Narendra Kumar
C/o Jail Superintendent
Dist: Jail , Sidhuwala
Dehradun
Respondent : Public Information Officer/RPFC-II
Employees Provident Fund Commissioner
Sub-Regional Office, IInd Floor, Khurana Complex,
Opposite Judges Court,
Nainital Road, Haldwani-263139 (Nainital).
Facts
arising from the Complaint:
The Complainant filed a RTI application with the PIO, EPFO, Sub-Regional Office, Haldwani on
26/04/2011 asking for certain information. On not having received any 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 PIO, EPFO, Sub-Regional Office, Haldwani, Nainital on
25/05/2011 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.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the complete information in regard
to the RTI Application dated 26/04/2011 to the Complainant before 25/08/2011 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 also 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 30/08/2011
to show cause why penalty should not be imposed and disciplinary action be not recommended against
him under Section 20 (1) and (2) of the RTI Act. 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 copy of
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
03 August 2011
Encl: RTI Application dated 26/04/2011.
(In any correspondence on this decision, mention the complete decision number.)(SP)