Central Information Commission Judgements

Miss Suman vs Directorate Of Health And Family … on 11 August, 2009

Central Information Commission
Miss Suman vs Directorate Of Health And Family … on 11 August, 2009
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                          Decision No. CIC/SG/C/2009/000717/4411
                                                            Complaint No. CIC/SG/C/2009/000717

Complainant                             :        Miss Suman
                                                 House no. F-614, Dakshin Puri,
                                                 Sector-5, New Delhi-110062

Respondent                               :       Public Information Officer
                                                 Directorate of Health And Family Welfare,
                                                 GNCTD, F-17, Karkardooma,
                                                 Delhi-110032

Facts

arising from the Complaint:

Miss Suman had filed a RTI application with the PIO – Directorate of Health and Family
Welfare, GNCTD, New Delhi on 06/02/2009 asking for certain information. Since no reply was
received within the mandated time of 30 days, she had filed a complaint under Section 18 to the
Commission on 03/06/2009. The Commission issued a notice to the PIO on 17/06/2009 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 August 25, 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 August 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
11 August 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)