Central Information Commission Judgements

Mr. Bhagwan Singh Talwar vs Delhi Sikh Gurudwara Management … on 29 July, 2009

Central Information Commission
Mr. Bhagwan Singh Talwar vs Delhi Sikh Gurudwara Management … on 29 July, 2009
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                          Decision No. CIC/SG/C/2009/000691/4284
                                                            Complaint No. CIC/SG/C/2009/000691

Complainant                             :        Mr. Bhagwan Singh Talwar
                                                 A-2/24, Krishna Nagar East,
                                                 New Delhi

Respondent                               :       Public Information Officer
                                                 Delhi Sikh Gurudwara Management Committee
                                                 23/41, West Punjabi Bagh,
                                                 New Delhi - 110026

Facts

arising from the Complaint:

Mr. Bhagwan Singh Talwar had filed a RTI application with the PIO at the Delhi Sikh
Gurudwara Management Committee, New Delhi on 15/09/2008 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. The Commission issued a notice to the PIO on 15/06/2009 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 August 15, 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 August 20, 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
29 July 2009
(In any correspondence on this decision, mention the complete decision number.)