Dr. Brahm Dutt vs Govt. Of Nct Of Delhi on 20 February, 2009

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Central Information Commission
Dr. Brahm Dutt vs Govt. Of Nct Of Delhi on 20 February, 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/2008/00518/SG/1848
                                                  Complaint No. CIC/WB/C/2008/00518/SG

Complainant                           :        Dr. Brahm Dutt
                                               598-A, Faridabad -121001.

Respondent                                :    Public Information Officer
                                               Chief Secretary, Govt. of NCT of Delhi,
                                               ITO, New Delhi -110002.

Facts

arising from the Complaint:

Dr. Brahm Dutt had filed an RTI application with the PIO, Chief Secretary, Govt. of NCT of
Delhi on 20/12/2007 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 30/12/2008 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 March 14,
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) of the RTI Act by March 19, 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
February 20, 2009.

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