CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC /SG/C/2009/000730/4342
Complaint No. CIC/SG/2009/000730
Complainant : Mr. Rajendra Singh Bhati
Bhawani Niketan, Near Purva Guest House,
Sardarshahar, Dist.-Churu,
Rajasthan-331403
Respondent : Public Information Officer
All India Council For Technical Education,
Regional Officer,(AICTE)
North West Regional Office,
Plot No.1310, Sector-42B,
Chandigarh-160036
Facts
arising from the Complaint:
Mr. Rajendra Singh Bhati, had filed a RTI application dated 20/03/2009 with the PIO at
AICTE, Regional officer, North West Regional Office, Chandigarh asking for certain
information. Since no reply was received within the mandated time of 30 days, he had filed a
complaint under Section 18, RTI Act to the Commission. The Commission issued a notice to
the PIO on 19/06/2009 asking him to supply the information and sought an explanation for
not furnishing the information within the mandated time. Furthermore, the PIO was directed
to provide the information free of cost, however, the Commission has received a letter from
the Complainant stating that the PIO vide its letter dated 07/07/2009 has directed the
Complainant to send a DD/IPO of Rs.455/- against photocopy of 455 pages. Since the
Commissions order stated that information be provided free of cost in response to the failure
of the PIO to do so in the mandated time , the Complainant is not bound to pay for any part of
the information.
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 as well as comply 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 free of cost to the Complainant before
17/08/2009. The PIO’s action clearly amounts to denial of information without any reasons.
The PIO is therefore, asked to submit a written explanation showing cause as to why penalty
should not be imposed and disciplinary action be recommended against him under Section 20
(1) & (2) of the RTI Act before 24/08/2009.
If the information has already been supplied to the complainant, furnish a copy of the same to
the Commission with your written submission.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
31 July 2009.
(For any further correspondence in this matter, please quote the file no. mentioned above)