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Mr.Amritlal Pakhraj Sharma vs Ministry Of Health And Family … on 23 November, 2011

Central Information Commission
Mr.Amritlal Pakhraj Sharma vs Ministry Of Health And Family … on 23 November, 2011
                CENTRAL INFORMATION COMMISSION
                    Club Building (Near Post Office)
                  Old JNU Campus, New Delhi - 110067
                         Tel: +91-11-26161796

                                           Decision No. CIC/SG/C/2011/000952/15868
                                               Complaint No. CIC/SG/C/2011/000952

Complainant                     :          Mr. Amritlal Pakhraj Sharma
                                           District: Pali, Village & P.O-Nana
                                           Hanuman Chowk, Rajasthan-306504

Respondent                       :         Public Information Officer
                                           Registrar
                                           Rajasthan Pharmacy Council
                                           Ministry of Health and Family Welfare
                                           Sahkar Bhavan-22, Godown Circle
                                           Sardar Patel Dispensary Campus
                                           Sardar Patel Marg, Jaipur-302006


Facts

arising from the Complaint:

Mr. Amritlal Pakhraj Sharma had filed a RTI application with the Respondent
PIO on 01-02/03/2011 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 Respondent PIO on 29/08/2011 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 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. Failure on the part of the PIO to respond to the
Commission’s notice shows that there is no reasonable cause for the refusal of
information.

Decision:

The Complaint is allowed.

In view of the aforesaid, the PIO is hereby directed to provide the correct and
complete information in regard to the RTI Application dated 01-02/03/2011 to the
Complainant before 13/12/2011 with a copy to the Commission. From the facts before
the Commission, it appears that you have 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 PIO’s part in providing the information amounts
to willful disobedience of the Commission’s direction as well and as raises a reasonable
doubt that the denial of information may be malafide.

The PIO is hereby directed to send his written submissions to the Commission
before 19/12/2011 to show cause as to why penalty should not be imposed and
disciplinary action be not recommended against him under Section 20 (1) and (2) of the
RTI Act for not providing the information to the Complainant within the stipulated time
period of 30 days. If the information has already been supplied to the complainant, send a
copy of the same to the Commission with your written submissions, and also proof of
seeking assistance from other person(s), if any.

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
23 November 2011

Encl: RTI Application dated 01-02/03/2011.

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

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