CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000948/9301
Complaint No. CIC/SG/C/2010/000948
Complainant : Mr. K Chandrashekar
No. 254(24), Punarvasu 2nd Cross
11th Main, Rum Shree, Mugali Road
Hanumanth Nagar, Bangalore - 560019
Respondent : Public Information Officer
Employees Provident Fund Organization
Head Office, Bhavisiya Nidhi Bhawan
14, Bhikaji Cama Place, New Delhi 110066
Events Chronologically:
• RTI Application - 07/05/2009
• No information provided by the PIO
• Complaint - 24/04/2010
• Notice - 17/07/2010
- Information to be provided
to the Complainant before - 11/08/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 21/08/2010
• Response of the PIO
to the Notice - NIL
Facts
arising from the Complaint:
Mr. K Chandrashekar had filed a RTI application with the CPIO, EPFO, Head Office,
Bhavishya Nidhi Bhawan, Delhi, on 07/05/2009 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 PIO, EPFO, Head Office, Bhavisiya Nidhi Bhawan, 14,
Bhikaji Cama Place, New Delhi 110066, on 17/07/2010 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, EPFO, Head Office, 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, EPFO, Head Office, Bhavisiya Nidhi Bhawan, is
hereby directed to provide the complete information in regard to the RTI Application dated
07/05/2009 to the Complainant before 28/09/2010 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, EPFO, Head Office, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, New
Delhi 110066, is hereby directed to present himself before the Commission on 25/10/2010 at
12:00 pm along with his written submissions to show cause why penalty should not be
imposed and disciplinary action be recommended against him under Section 20 (1) and (2) of
the RTI Act. Further, the PIO may serve this notice to such person (s) who is responsible for
this delay in providing the information, and may direct them to be present before the
Commission along with the PIO on the aforesaid scheduled date and time. If the information
has already been supplied to the complainant, bring a copy of the same to the Commission with
your written submissions, and also 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.
ShaileshGandhi
Information Commissioner
08/09/2010
Encl: RTI Application dated 07/05/2009.
(In any correspondence on this decision, mention the complete decision number.)(JA)