CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000817/9100
Complaint No. CIC/SG/C/2010/000817
Complainant : Mr. Manoj Dhama,
C -7/62, Yamuna Vihar,
New Delhi - 110053
Respondent : Public Information Officer,
Directorate of Education,
Govt. of NCT of Delhi,
RTI Cell, Room No. 22,
Old Secretariat, Delhi-110 052
Facts
arising from the Complaint:
Mr. Manoj Dhama had filed an RTI application with the Public Information Officer (herein after –
“PIO”), on 16/12/2009 asking for certain information. However, on not having received any information
within the mandated time, the Complainant filed a First Appeal under section 19(1) of the RTI act on
17/03/2010. However no response/order was received from the First Appellate Authority. He then filed a
complaint under Section 18 of the RTI Act with this Commission. On this basis, the Commission issued a
notice to the PIO on 25/06/2010 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 not received any explanation from the concerned Public Information officer till
date.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to send the requisite information to the
Complainant before 19th September 2010 with a copy to this Commission. Further, from the facts before
the Commission it is apparent that the PIO has failed to comply with the provisions of the RTI Act and is
guilty of not furnishing the information within the time limit specified under sub-section (1) of Section 7, by
not replying within 30 days, as per the mandate of the Act. It appears that the actions of the PIO attract the
penal and disciplinary provisions of Section 20 (1) and (2).
The PIO is hereby directed to be present before this Commission on 05/10/2010 at 03:00 pm along
with written submissions to showcause why penalty should not be imposed and disciplinary action
recommended against him/her under Section 20 (1) and (2) of the RTI Act. Further, the PIO is directed to
serve this notice to any other official(s) who are responsible for this delay in providing the information, and
direct them to be present before the Commission along with them on the aforesaid scheduled date and time.
The deemed PIO should also bring along 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.
Shailesh Gandhi
Information Commissioner
30th August 2010
(In any correspondence on this decision, mention the complete decision number.)(ANP)