Central Information Commission Judgements

Mr. M. Archunan vs Inter-University Accelerator … on 19 March, 2009

Central Information Commission
Mr. M. Archunan vs Inter-University Accelerator … on 19 March, 2009
                   CENTRAL INFORMATION COMMISSION
                          Room no.415, 4th Floor,
                        Block IV, Old JNU Campus,
                            New Delhi 110067.
                           Tel : + 91 11 26161796


                                                    Decision No. CIC /SG/C/2009/00134/2301
                                                       Complaint No. CIC/SG/C/2009/00134

Complainant                           :        Mr. M. Archunan
                                               Inter-University Accelerator Centre,
                                               Post Box No 10502,
                                               Aruna Asaf Ali Marg,
                                               New Delhi - 110067

Respondent                                :    Public Information Officer,
                                               Inter-University Accelerator Centre,
                                               Post Box No 10502,
                                               Aruna Asaf Ali Marg,
                                               New Delhi - 110067

Facts

arising from the complaint:

Mr. M. Archunan had filed a RTI application with the Public Information Officer,
Inter University Accelerator Centre, New Delhi on 10/12/2008 asking for certain information.
Since the PIO refused to receive the RTI application, he had filed a complaint under Section
18 to the Commission. The Commission issued a notice to the PIO on 18/02/2009 asking him
to supply the information and sought an explanation for not furnishing the information within
the mandated time.

The Commission has received a letter from the PIO on 03/03/2009 stating that the
office have not received any RTI application from the complainant on the above mentioned
date and so prayed before the Commision to direct the complainant to pay Rs 10 as the
mandatory fee under the RTI Act 2005 as the information can be given to the complainant.

Decision:

The Complaint is allowed.

It appears that the Complaint is valid. The PIO will send the complete information to
the complainant before March 31, 2009 free of cost. The PIO’s action of refusing to accept
the RTI application clearly amounts to disregarding the provisions of the RTI Act as per
Section 18 (1) (a).

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.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
March 19, 2009.