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Mr.Gautam Kothari vs Ministry Of Health And Family … on 23 November, 2011

Central Information Commission
Mr.Gautam Kothari vs Ministry Of Health And Family … on 23 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/2011/001053/15889
                                               Complaint No: CIC/SG/C/2011/001053

Complainant                      :           Dr. Gautam Kothari
                                             Shreyas 231, Saket,
                                             Nagar, Indore - 452018 (UP)

Respondent                       :           Public Information Officer
                                             Ministry of Health & Family Welfare
                                             Central Drugs Standard Control Organization
                                             FDA Bhawan, ITO,
                                             Kotla Road, New Delhi - 110002

Facts

arising from the Complaint:

The Complainant had filed a RTI application with the PIO, Central Drugs
Standard Control Organization on 11/03/2011 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 15/09/2011 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 11/03/2011 to the Complainant before
20/12/2011 with a copy to the Commission. From the facts before the Commission, it
appears that you have not provided the 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 present himself before the Commission on
27 December 2011 at 03.30PM 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. He will also submit proof of having given the information to the appellant.

If there are other persons responsible for the delay in providing the information to the
Appellant the PIO is directed to inform such persons of the show cause hearing and
direct them to appear before the Commission with him. If no other responsible persons
are brought by the persons asked to showcause hearing, it will be presumed that they
are the responsible persons.

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
23 November 2011

Encl: RTI Application dated 30/07/2010

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

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