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Central Information Commission
Mr. A. Jerome Bright vs All India Council For Technical … on 28 January, 2010
                 CENTRAL INFORMATION COMMISSION
                     Club Building (Near Post Office)
                   Old JNU Campus, New Delhi - 110067
                          Tel: +91-11-26161796

                                            Decision No. CIC/SG/C/2009/001626/6598
                                              Complaint No. CIC/SG/C/2009/001626

Complainant                         :      Mr. A. Jerome Bright
                                           239, St. Mary's Street
                                           Madhar Sangam Road
                                           Ramanputhoor
                                           Nagercoil -629004

Respondent                          :     1. Public Information Officer
                                             Adviser (RID Bureau)
                                             All India Council For Technical Education
                                             NBCC Place, Lodhi Road
                                             New Delhi

                                         2. Public Information Officer
                                            All India Council For Technical Education
                                            Regional Office , 'Shastri Bhavan', 26,
                                            Haddows Road, Nugambakkam,
                                            Chennai- 600006
Facts

arising from the Complaint:

Mr. A. Jerome Bright had filed a RTI application with the PIO, All India Council
For Technical Education (Southern Regional Office) on 27/08/2009 on asking for certain
information. However on not having received the information within the mandated time,
the Complainant filed a complaint under Section 18 of the RTI Act with the Commission.
On this basis, the Commission issued a notice to the PIO, All India Council For
Technical Education (Southern Regional Office) on 01/12/2009 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 received a letter dated 10/12/2009 from the Regional
Officer, All India Council For Technical Education (Southern Regional Office) wherein it
has been stated that the RTI application was transferred to PIO/Adviser (RDI Bureau),
AICTE, Delhi vide a letter dated 02/09/2009, copy of which was enclosed.

However, the Commission has neither received a copy of the information sent to
the Complainant, nor has it received any explanation from the PIO, AICTE, Delhi for not
supplying the information to the Complainant. Therefore, the only presumption that can
be made is that the PIO, AICTE, Delhi has deliberately and without any reasonable cause
refused to give information as per the provisions of the RTI Act.

Decision:

The Complaint is allowed.

The PIO, AICTE, Delhi is directed to send the correct and complete information
in regard to the RTI Application dated 27/08/2009 (copy enclosed) to the Complainant
before 17/02/2010.Proof of dispatch of information should be sent to the Commission
before 24/02/2010.The PIO’s action clearly amounts to denial of information without any
reasons. The PIO is therefore, asked to submit a written explanation to show 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 24/02/2010.

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.

Encl: RTI Application dated 27/08/2009

Shailesh Gandhi
Information Commissioner
28/01/2010

(In any correspondence on this decision, mention the complete decision number.)(SP)


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