CENTRAL INFORMATION COMMISSION
Club Building, Near Post Office
Opp. Ber Sarai Market, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC/SG/C/2009/000200/3208
Complaint No. CIC/SG/C/2009/000200
Complainant : Mr. Nuruddin,
C/o 542, Pana Udhyan,
Narela, Delhi 110 040
Respondent : Public Information Officer,
SDM (Narela),
B.D.O. Office Complex,
Alipur, Delhi 110 036
Facts
arising from the Complaint:
Mr. Nuruddin had filed a RTI application with the PIO at the SDM (Narela), B.D.O.
Office complex, Alipur, Delhi on 28/01/2009 asking for certain information. Since no reply was
received within the mandated time of 30 days, she had filed a complaint under Section 18 to the
Commission. The Commission issued a notice to the PIO on 23/03/2009 asking him to supply
the information and 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 derived is that the PIO has deliberately
and without any reasonable cause refused to give information as per the provisions of the RTI
Act. His failure to respond to the Commission’s notice shows that he has no reasons for the
refusal of information.
Decision:
The Complaint is allowed.
The PIO will send the complete information to the complainant before May 30, 2009.
The issue before the Commission is of not supplying the complete, required information
by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within
30 days, as per the requirement of the RTI Act. It appears that the PIO’s actions attract the penal
provisions of Section 20 (1) and Section 2 (2).
He will present himself with the written expalnation showing cause why penalty should not be
imposed on him as mandated under Section 20 (1) on 26 June, 2009 at 04:30 pm. He will also
submit proof of having given the information to the appellant.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
May 13, 2009
(Please refer to the above mentioned decision number in case of any further communication)