Mr.Mohd Rizwan vs Ministry Of External Affairs on 23 September, 2011

Central Information Commission
Mr.Mohd Rizwan vs Ministry Of External Affairs on 23 September, 2011
                CENTRAL INFORMATION COMMISSION
                    Club Building (Near Post Office)
                  Old JNU Campus, New Delhi - 110067
                         Tel: +91-11-26161796

                                      Decision No. CIC/AD/C/2011/001100/SG/14837
                                          Complaint No. CIC/AD/C/2011/001100/SG



Complainant                     :          Mr. Mohammad Rizwan
                                           484/39, Bhisti Tola
                                           Daaliganj, Lucknow-226020



Respondent                       :         Central Public Information Officer
                                           Regional Passport Officer
                                           Regional Passport Office Complex
                                           (Behind RBI),Vipin Khand,
                                           Gomti Nagar, Lucknow-226010

Facts

arising from the Complaint:

Mr. Mohammad Rizwan had filed a RTI application with the PIO, Regional
Passport Office, Lucknow on 12/10/2009 asking for certain information. However on not
having received any further 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 Respondent on 09/07/2011 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 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.

In view of the aforesaid, the PIO is hereby directed to provide the complete
information in regard to the RTI Application dated 12/10/2009 to the Complainant before
13/10/2011 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 is hereby directed to send his written submissions to the Commission
before 17/10/2011 to show cause why penalty should not be imposed and disciplinary
action be not recommended against him under Section 20 (1) and (2) of the RTI Act. If
the information has already been supplied to the complainant, send a copy of the same to
the Commission with your written submissions, and also copy of 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
23 September 2011

Encl: RTI Application dated 12/10/2009.

(In any correspondence on this decision, mention the complete decision number.)(SP)

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