CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000934/15611
Complaint No. CIC/SG/C/2011/000934
Complainant : Mr. B.S Bhati
Sr. Senior Accounts Officer
ACASH, Handloom Pavilion
Near Gate No.2, Pragati Maidan
New Delhi-110001
Respondent : Public Information Officer
Account Officer
Lady Hardinge Medical College &
Smt. S.K Hospital
Shaheed Bhagat Singh Marg
New Delhi-110001
Facts
arising from the Complaint:
Mr. B.S Bhati had filed a RTI application with the Respondent PIO on
21/02/2011 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 19/08/2011 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 received a copy of letter dated 10/09/2011 of the
Respondent addressed to the Complainant wherein some information has been provided
to the Complainant with regard to the information sought. However the Commission has
observed that the information provided is incomplete and inappropriate. The PIO should
have provided a point-wise reply with regard to information sought. Further, there
appears to be a delay of over 150 days in responding to the RTI Application. The PIO has
given his explanation to this effect which does not appear reasonable.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the correct and
complete point-wise information in regard to the RTI Application dated 21/02/2011 to the
Complainant before 01/12/2011 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 have failed to comply with the provisions of
the RTI Act which also raises a reasonable doubt that the denial of information may be
malafide.
The PIO is hereby directed to appear before the Commission along with his
written submissions as well as proof of seeking assistance, if any, on 08/12/2011 at
03.30pm 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. Furthermore, the PIO may serve this notice to such person(s) if any who are
responsible for such delay and direct them to present themselves before the Commission
along with their written submissions on the aforesaid date and time.
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
11 November 2011
(In any correspondence on this decision, mention the complete decision number.)(SP)