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/2009/000318/3410
Complaint No. CIC/SG/C/2009/000318
Complainant : Mr. Rajender Kumar
D-49, Mahanagar Vistar,
Mahanagar, Lucknow, U.P.
Respondent : Mr. M.S. Hashmi
The Public Information Officer
Dy. General Manager-G & PIO,
N E Railway,
General Manager Office
Gorakhpur - 273012
Facts
arising from the Complaint:
Mr. Rajender Kumar had filed a RTI application with the PIO at the Dy. General
manager- G & PIO, North- Eastern Railway, Gorakhpur on 16/01/2009 asking for certain
information. Since no reply was received within the mandated time of 30 days, he had filed a
complaint under Section 18 to the Commission.
The Commission issued a notice to the PIO on 13/04/2009 asking him to supply the
information by 08/05/2009 and sought an explanation for not furnishing the information within
the mandated time. The PIO has informed the Commission vide letter dated 11/05/2009 that
information has been provided to the complainant on 16/01/2009.
Decision:
The Complaint is allowed.
The issue before the Commission is of not supplying any 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).
The is directed to give written explanation to show cause, why penalty should not be imposed on
him under section 20 (1) of RTI Act,2005 before 20th June, 2009.
Shailesh Gandhi
Information Commissioner
May 25, 2009
(Please refer to the above mentioned decision number in case of any further communication)