CENTRAL INFORMATION COMMISSION
Club Building, Near Post Office
Opp. Ber Sarai Market, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC/SG/C/2009/000140/3377
Complaint No. CIC/SG/C/2009/000140
Complainant : Mr. Rajesh Jain
Nehru Enclave,
Alipur, Delhi - 110036
Respondent : Public Information Officer,
Directorate of Education, GNCTD
O/o the Dy Director (Edu.)
North-West, Shalimar Bagh,
New Delhi - 110054
Facts
arising from the Complaint:
Mr. Rajesh Jain had filed a RTI application with the PIO at the Directorate of Education,
Govt. of NCT of Delhi, North- West Zone, Shalimar Bagh, New Delhi on 16/06/2008 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. The Commission issued a notice to the
PIO on 24/02/2009 asking him to supply the information and 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 derived is that the PIO has deliberately
and without any reasonable cause refused to give information as per the provisions of the RTI
Act. His failure to respond to the Commission’s notice shows that he has no reasons for the
refusal of information.
Decision:
The Complaint is allowed.
The PIO will send the complete information to the complainant before June 05, 2009.
The PIO’s action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to submit a written explanation showing 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 June 10, 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.
Shailesh Gandhi
Information Commissioner
May 22, 2009
(Please refer to the above mentioned decision number in case of any further communication)