CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2011/000777/14473
Complaint No. CIC/SG/C/2011/000777
Complainant : Mr. J.S Rana
H.No. 179, Siras Pur( Near Chatri Wala Chowk),
Delhi-110042
Respondent : CPIO & ADO (NG),
Central Government Health Scheme (HQ),
CGHS Dispensary Building, Sector-12,
R.K Puram, New Delhi
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the Nodal Officer, RTI, CGHS (HQ), 9
Bikaner House, Shahjahan Road, Delhi on 28/03/2011 asking for certain information. On not having
received any information within the mandated time the Complainant filed a Complaint under Section
18 of the RTI Act before the Commission. On this basis, the Commission issued a notice to the said
PIO on 22/07/2011 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 is in receipt of a copy of the letter dated 08/08/2011 by the Nodal Officer,
RTI, CGHS (HQ) addressed to the Respondent wherein it has been stated that the RTI application was
received on 29/03/2011 and the same was transferred to the Respondent vide letter dated 31/03/2011
under Section 6(3) of the RTI Act. Further the Respondent has been requested to comply with the
Commission’s notice with intimation to the Nodal Officer, RTI within three days of the said letter.
However the Commission has neither received a copy of the information sent to the
Complainant, nor has it received any explanation from the Respondent for not supplying the
information to the Complainant. Therefore, the only presumption that can be made is that the
Respondent 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 Respondent to respond to the Commission’s
notice shows that there is no reasonable cause for the refusal of information.
Decision:
The Complaint is allowed.
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In view of the aforesaid, the Respondent is hereby directed to provide complete and specific
information with respect to the RTI application dated 28/03/2011 to the Complainant before 27th
September 2011 with a copy to the Commission.
From the facts before the Commission, it appears that the Respondent has 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 Respondent’s part in providing the
information, amounts to willful disobedience of the Commission’s direction and also raises a
reasonable doubt that the denial of information may be malafide.
The Respondent is hereby directed to submit before this Commission his written submissions
to show cause why penalty should not be imposed and disciplinary action should not be recommended
against him under Section 20 (1) and (2) of the RTI Act for the delay caused in providing information
to the Complainant. Further, the CPIO may serve this notice to any other official(s) who are
responsible for this delay in providing the information, and may direct them to submit their written
submissions along with him. This should reach the Commission before 30th September 2011.
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.
Shailesh Gandhi
Information Commissioner
7th September 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)
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