CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2011/000781/14552
Complaint No. CIC/SG/C/2011/000781
Complainant : Mr. Nitesh Kumar Tripathi
Room No. 101, Boys Hostel,
RIMS and R, Safai-Etawah,
Uttar Pradesh- 206301
Respondent (1) : CPIO & Sub-Dean (Exams)
All India Institute of Medical Science,
Examination Section, Ansari Nagar,
New Delhi-110 608
Respondent (2) : CPIO & Sub-Dean (Academics)
All India Institute of Medical Science,
Examination Section, Ansari Nagar,
New Delhi-110 608
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO, AIIMS, Delhi on 02/09/2010
asking for certain information. On not having received any information within the mandated time the
Complainant filed a Complaint under Section 18 of the RTI Act before the Commission. On this basis,
the Commission issued a notice to said PIO on 25/07/2011 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 is in receipt of the submissions of the Respondent No.1 vide letter
09/08/2011 wherein it has been stated that the RTI application dated 02/09/2010 was received in the
Examination section through the Academic Section, AIIMS on 12/07/2011. It has been further stated
that the queries pertaining to the Examination section were replied vide letter dated 20/07/2011.
Further since most of the queries pertain to the Academic Section the application was forwarded CPIO
& Sub-Dean (Acad).
The Commission is also in receipt of the Respondent No.1’s letter dated 23/08/2011 wherein
the reply dated 13/08/2011 with respect to the RTI application, received from the CPIO, Academic
Section, AIIMS i.e. Respondent No.2 has been enclosed.
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It is pertinent to note that neither of the Respondents has provided any reasons for delay in
providing information to the Complainant.
On perusal of the records before the Commission it is observed that the reply to query number
2 of the RTI application is incomplete and inappropriate and it has been stated that “to be provided by
the Acad. Section”
Decision:
The Complaint is allowed.
In view of the aforesaid the Respondent No.2 is hereby directed to provide complete and
specific information with respect to query number 2 of the RTI application dated 02/09/2010 to the
Complainant before 3rd October 2011 with a copy to the Commission.
From the facts before the Commission, it appears that the Respondents have not provided the
correct and complete information within the mandated time and have failed to comply with the
provisions of the RTI Act. The delay and inaction on the Respondents’ part in providing the
information, amounts to willful disobedience of the Commission’s direction and also raises a
reasonable doubt that the denial of information may be malafide.
The Respondents are hereby directed to present themselves before this Commission on
10th October 2011 at 10.30 AM along with their written submissions to show cause why penalty
should not be imposed and disciplinary action should not be recommended against them under Section
20 (1) and (2) of the RTI Act. Further, the Respondents may serve this notice to any other official (s)
who are responsible for this delay in providing the information, and may direct them to be present
before the Commission along with them on the aforesaid scheduled date and time. The Respondents
shall also bring proof of seeking assistance from other officials(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.
Shailesh Gandhi
Information Commissioner
12th September 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)
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