CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000271/13175
Complaint No. CIC/SG/C/2011/000271
Complainant : Mr. Shah Premal Ratilal
20, Shanti Nathji Society
Near S T Depot, Naua Bazar,
Karjan, Vadodra, Gujarat- 391240
Respondent : Central Public Information Officer,
Regional P.F. Commissioner-I,
Employees' Provident Fund Organisation,
Ministry of Labour, Government of India
Regional Office, Bhavishya Nidhi Bhawan,
Ram Chowk, Ghod-Dod Road,
Surat, Gujarat-395001
Facts
arising from the Complaint:
The Complainant had filed a RTI application dated 16/11/2009 with the CPIO, Regional P F
Commissioner asking for certain information. However, on not having received the information within
the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act before this
Commission. On this basis, the Commission issued a notice to the Respondent PIO, on 07/04/2011 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 vide letter dated 29/04/2011
wherein it has been stated that the information with respect to the RTI application dated 16/11/2009 had
been provided vide letter dated 26/02/2010 by speed post dated 02/03/2010.
On perusal of the records before the Commission it is noted that the Respondent has not
submitted before the Commission any dispatch proof of providing the information to the Complainant. It
is also observed that the reply to question number 5 and 6 is inappropriate and no reply has been
provided with respect to question number 7, 8 and 9 of the RTI application.
Decision:
The Complaint is allowed.
In view of the aforesaid the PIO is hereby directed to provide complete and specific reply with
respect to question number 5, 6, 7, 8 and 9 of the RTI application dated 16/11/2009 to the Complainant
before 17th July 2011.
The PIO is also directed to submit before this Commission a copy of the speed post receipt(s) as
dispatch proof of sending information with respect to the said RTI application to the Complainant vide
letter 26/02/2010 This should reach the Commission before 17th July 2011.
From the facts before the Commission, it appears that the PIO has not provided any 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 directed to present himself before this Commission on 25/07/2011 at 12.00pm along
with his 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 should not be taken. Further, the
PIO may serve this notice to any other official who are responsible for this delay in providing the
information, and may direct him to be present before the Commission along with him on the aforesaid
scheduled date and time. The PIO shall also bring proof of seeking assistance from other officials, if
any.
If the Complainant or Respondents wish to participate in the hearing by teleconference/
videoconference, a request can be sent to the Under Secretary and Deputy Registrar at least 10 days in
advance. The Commission will try and arrange for the videoconferencing. The Participant will have to
go to a NIC studio which is situated at most District Headquarters.
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
29 June 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)