Central Information Commission Judgements

Dr. Gian Singh vs Adm (South) on 6 April, 2009

Central Information Commission
Dr. Gian Singh vs Adm (South) on 6 April, 2009
                     CENTRAL INFORMATION COMMISSION
                            Room No. 415, 4th Floor,
                          Block IV, Old JNU Campus,
                              New Delhi - 110067.
                             Tel : + 91 11 26161796

                                                   Decision No. CIC/WB/C/2008/00498/SG/2648
                                                     Complaint No. CIC/WB/C/2008/00498/SG

Complainant                           :        Dr. Gian Singh
                                               C- 585, Sangam Vihar
                                               New Delhi

Respondent                             :       Public Information Officer
                                               ADM (South)
                                               Office of Deputy Commissioner (South)
                                               MB Road, Saket, New Delhi

Facts

arising from the Complaint:

Dr. Gian Singh had filed a RTI application with the PIO with the ADM (South) on 07/01/2008
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 16/02/2009 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 May 1st, 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 May 6th , 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
April 6, 2009.

(Please refer to the above mentioned decision number in case of any further communication)