CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel: + 91 11 26161796
Decision No. CIC /OK/C/2008/00249/SG/1720
Complaint No. CIC/OK/C/2008/00249/SG
Complainant : Dr. P. Gahlaut
P.G.T. (Physics)
Vice President AINVSA
Lucknow, Uttar Pradesh
Respondent : Assistant Information Officer
NVS (Head Quarters)
New Delhi
Facts
arising from the Complaint:
Dr. P Gahlaut had filed a RTI application with the PIO at the NVS (Head Quarters), Delhi
on 18/10/2007 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 05/12/2008 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 10, 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 March 15, 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 17, 2009.