CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000383/11562
Complaint No. CIC/SG/C/2010/000383
Complainant : Mr. Phool Kumar
G-71 Campus N.I.T
Kurukshetra-136119
Respondent : PIO & Dy. Registrar (GA & Legal)
National Institute of Technology,
Kurukshetra, Haryana-136119
Facts
arising from the Complaint:
The Complainant had filed an RTI application with the aforementioned Respondent on 22.02.2010
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 the Respondent on 05.01.2011 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 with respect
to the RTI Application dated 22.02.2010 to the Complainant before 10.04.2011 with a copy to the
Commission.
From the facts before the Commission, it appears that the PIO has 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 and also raises a reasonable doubt that the
denial of information may be malafide.
The PIO is hereby directed to present himself before this Commission on 15th April 2011 at 11.00
am along with their written submissions to show cause why penalty should not be imposed and
disciplinary action recommended against him under Section 20 (1) and (2) of the RTI Act.
Further, the PIO(s) 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 PIO(s) shall also bring proof of
seeking assistance from other officials(s), if any.
This decision is announced in open chamber.
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
21st March 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)