Mr.Diwakar Sharma vs Ministry Of Health And Family … on 17 November, 2011

Central Information Commission
Mr.Diwakar Sharma vs Ministry Of Health And Family … on 17 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/2011/001006/15748
                                                      Complaint No. CIC/SG/C/2011/001006


Complainant                      :          Mr. Diwakar Sharma
                                            B-70, G-3 DLF, Dilshad Extention II
                                            Sahibabad Ghaziabad
                                            Uttar Pradesh-201005

Respondent                        :         Public Information Officer
                                            Ministry of Health and Family Welfare
                                            O/o Principal Secretary 5th Floor,
                                            Room No. 516 Vikas Bhawan, Janpath Market
                                            Vidhan Sabha Road Hazarat Ganj
                                            Lucknow Uttar Pradesh-226001


Facts

arising from the Complaint:

Mr. Diwakar Sharma had filed a RTI application with the Respondent PIO on 03/02/2011
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 on 06/09/2011
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 complete information
in regard to the RTI Application dated 03/02/2011 to the Complainant before 08/12/2011 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 also
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
14/12/2011 to show cause why penalty should not be imposed and disciplinary action be not
recommended against him under Section 20 (1) and (2) of the RTI Act. 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 copy of 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
17 November 2011

Encl: RTI Application dated 03/02/2011

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

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