CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000604/11460Adjunct
Complaint No. CIC/SG/C/2010/000604
Complainant : Dr. S. D. Bharti,
D - 57 Staff Colony,
Malaviya National Institute of Technology,
Jaipur, Rajasthan - 302 017
Respondent : Central Public Information Officer,
Malaviya National Institute of Technology,
Jawahar Lal Nehru Marg,
Jaipur, Rajasthan - 302 017
Facts
arising from the Complaint:
The Complainant had filed an RTI application with the aforementioned Respondent on 15th March
2010 asking for certain information. The stamp of receipt of the Respondent Public Authority is of 15th
March 2010. On not having received any information within the mandated time the Complainant filed a
Complaint under Section 18 of the RTI Act before this Commission. On this basis, the Commission issued
a notice to the Respondent on 12th January 2011 with a direction to provide the information to the
Complainant and further 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 CPIO for not supplying the information to the Complainant.
Therefore, the only presumption that can be made is that the CPIO has deliberately and without
any reasonable cause refused to give information as per the provisions of the RTI Act. Failure on
the part of the CPIO to respond to the Commission’s notice shows that there is no reasonable cause
for the refusal of information.
Commission’s Decision dated 14 March 2011:
The Complaint was allowed.
“In view of the aforesaid, the CPIO is hereby directed to provide the complete information with
regard to the RTI Application dated 15th March 2010 to the Complainant before 30th March 2011 with a
copy to the Commission.
The issue before the Commission is of not providing the requisite information by the CPIO within
30 days, as required by law.
From the facts before the Commission, it appears that the CPIO has not provided the correct and complete
information within the mandated time and has failed to comply with the provisions of the RTI Act. The
delay and inaction on the CPIO’s part in providing the information, amounts to willful disobedience of the
Commission’s direction and also raises a reasonable doubt that the denial of information may be malafide.
The CPIO is hereby directed to present himself before this Commission on 7th April 2011 at 2.30 PM
along with his written submissions to show cause why penalty should not be imposed and disciplinary
action recommended against him under Section 20 (1) and (2) of the RTI Act. Further, the CPIO may
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serve this notice to any other official (s) who are responsible for this delay in providing the information,
and may direct them to be present before the Commission along with him on the aforesaid scheduled date
and time. The CPIO shall also bring proof of seeking assistance from other officials(s), if any.”
Relevant Facts emerging during Hearing:
The following were present
Appellant : Dr. S. D. Bharti on video conference from NIC-Jaipur Studio;
Respondent : Dr. Manoj Fozdar the then PIO & Associate Professor;
The PIO has stated that the records cannot be located.
Adjunct:
The PIO is directed to file a complaint with the Police informing them about the theft/loss
of the said records giving the names of the persons who last handled the records. He will
give a copy of the police complaint to the Complainant before 05 May 2011.
This decision is announced in open chamber.
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.
Shailesh Gandhi
Information Commissioner
07 April 2011
(In any correspondence on this decision, mention the complete decision number.) (MS)
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