CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/000887/9613
Complaint No. CIC/SG/C/2010/000887
Complainant : Mr. P. Raju,
155, 2 Main,3 Cross, Srinivasapura Colony,
Kengeri Hobli, Bengaluru South Taluk,
Bengaluru, Karnataka-560 060
Respondent : CPIO & RPFC - II
Employees Provident Fund Organisation,
Ministry of Labour and Employment, Govt. of India
No.109/128, Bhavishyanidhi Bhawan,
Gayathripuram, 2nd Stage, Nazarbad Mohalla,
Mysore, Karnataka - 570 019.
Facts
arising from the Complaint:
Mr. P. Raju had filed an RTI application with the Central
Public Information Officer, EPFO, Mysore, Karnataka on 08/04/2009 vide his letter dated
06/04/2009, asking for certain information. However, on not having received any information
within the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act with
this Commission. On this basis, the Commission issued a notice to the CPIO on 10/08/2010 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 neither received a copy of the information sent to the Complainant,
nor any explanation from the CPIO for not supplying the information to the Complainant.
Therefore, the only presumption that can be made is that the CPIO 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 CPIO to respond to the Commission’s notice shows that there is no reasonable cause
for refusing to provide the information to the Complainant.
Decision:
The Complaint is allowed.
In view of the aforesaid, the CPIO is hereby directed to provide the complete information
with respect to the RTI Application dated 06/04/2009 to the Complainant before 24/10/2010 with a
copy to the Commission. From the facts before the Commission, it appears that the CPIO has not
provided the requisite information within the mandated time and has failed to comply with the
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provisions of the RTI Act. The delay and inaction on the CPIO’s part amounts to willful
disobedience of the Commission’s direction and also raises a reasonable doubt that the denial of
information may be malafide.
The CPIO & RPFC – II is hereby directed to present himself before the Commission
on 19/11/2010 at 03.00 pm along with his written submissions to show cause why penalty
should not be imposed and disciplinary action be recommended against him under Section
20 (1) and (2) of the RTI Act. Further, the CPIO may serve this decision 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 him on the aforesaid scheduled date and time. The CPIO is
further directed to bring along with him the information supplied to the Complainant and Speed
Post receipt as proof of despatch. The CPIO shall also bring proof of seeking assistance from other
official(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
05 October 2010
Encl: RTI Application dated 06/04/2009.
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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