CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel: + 91 11 26161796
Decision No. CIC /OK/C/2008/00251/SG/1740
Complaint No. CIC/OK/C/2008/00251/SG
Complainant : Mr. Devender Kumar Avasthi
Satyabhama Singh Bhadoriya
House No. 356/A (I.I.T.), New Nankari,
Kalayanpur, Kanpur (I.I.T.) - 208016
Respondent : Public Information Officer
Indian Institute of Technology
Kanpur, Uttar Pradesh
Facts
arising from the Complaint:
Dr. Devender Kumar Avasthi had filed a RTI application with the PIO at the Indian
Institute of Technology, Kanpur on 06/11/2007 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 05/12/2008 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 March 6, 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 Match 11, 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.
Shailesh Gandhi
Information Commissioner
February 18, 2009.