Central Information Commission Judgements

Mr. Rajesh Kumar vs Narvodya Vidyalaya Samiti on 23 February, 2009

Central Information Commission
Mr. Rajesh Kumar vs Narvodya Vidyalaya Samiti on 23 February, 2009
                       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/2008/00183/1915
                                                                Complaint No. CIC/SG/C/2008/00183

Complainant                               :        Mr. Rajesh Kumar
                                                   Ex-LDC, JNV, Khunga Kothi
                                                   Distt. Jind
                                                   Haryana

Respondent                                :        Public Information Officer
                                                   Joint Commissioner
                                                   Narvodya Vidyalaya Samiti
                                                   New Delhi

Facts

arising from the Complain:

Mr. Raj Kumar, had filed a RTI application with the PIO, Joint Commissioner, Narvodya
Vidyalaya Samiti, New Delhi on 17/09/2008 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 07/01/2009 asking him to supply
the information and 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 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 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 to the complainant before March 20, 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 March 25, 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
February 23, 2009.

(For any further communication quote the decision no. given at the top.)