Central Information Commission Judgements

Mr. Aman Kumar vs Guru Gobind Singh University on 26 October, 2009

Central Information Commission
Mr. Aman Kumar vs Guru Gobind Singh University on 26 October, 2009
                     CENTRAL INFORMATION COMMISSION
                         Club Building (Near Post Office)
                       Old JNU Campus, New Delhi - 110067
                              Tel: +91-11-26161796

                                                            Decision No. CIC/SG/C/2009/001236/5216
                                                              Complaint No. CIC/SG/C/2009/001236

Complainant                                      :          Mr. Aman Kumar,
                                                            2A, DDA Flats, Pocket B, Hari Nagar,
                                                            New Delhi-110064

Respondent                                        :         Public Information Officer
                                                            Government of NCT of Delhi
                                                            Guru Gobind Singh University,
                                                            Kashmiri Gate, Delhi-110403

Facts

arising from the Complaint:

Mr. Aman Kumar had filed a RTI application with the PIO -GNCTD, Guru
Gobind Singh University, Kashmiri Gate, Delhi on 12/05/2009 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 on 28/08/2009. The Commission
issued a notice to the PIO on 01/09/2009 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 made 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 November
16, 2009. 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 November 23, 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.
Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.

Shailesh Gandhi
Information Commissioner
26 October 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)