CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000777/4537
Complaint No. CIC/SG/C/2009/000777
Complainant : Mr. Azhad Hussain Naqvi,
House no. 390/209, D-2, Rustam Nagar,
Najaf Road, Lucknow (UP)
Respondent : Public Information Officer
Aligarh Muslim University
O/o The Asstt. Registrar, (Examination)
Aligarh, Uttar Pradesh
Facts
arising from the Complaint:
Mr. Azhad Hussain Naqvi had filed a RTI application with the PIO – Aligarh
Muslim University, Aligarh (UP) on 07/02/2009 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 04/07/2009. The Commission issued a notice to the PIO
on 04/07/2009 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 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 September
11, 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 September 16, 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
21 August 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)