CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001677/6565
Complaint No. CIC/SG/C/2009/001677
Complainant : Mr. M.L.Godra (Retd. Suptdt.)
11/388, Lalita Park
Laxmi Nagar, Delhi-110092
Respondent : Public Information Officer
O/o the DDE (East)
Govt. Co-ed SSS, Anand Vihar
New Delhi-110092
Facts
arising from the Complaint:
Mr. M.L.Godra had filed a RTI application with the PIO, DDE (East) on
29/07/2009 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 23/11/2009.On this basis, the Commission
issued a notice to DDE (East) on 09/12/2009 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.
The PIO will send the complete information in regard to the RTI Application
dated 29/07/2009 (copy enclosed) to the Complainant before 16/02/2010.Proof of
dispatch of information should be sent to the Commission before 23/02/2010.The PIO’s
action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to submit a written explanation to show 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 before 23/02/2010.
If the information has already been supplied to the complainant, furnish a copy of
the same to the Commission with your written submission.
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.
Encl: RTI Application dated 29/07/2009.
Shailesh Gandhi
Information Commissioner
27/01/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)