Central Information Commission Judgements

Mr. Ram Chandra Ram vs Association Of Indian … on 7 August, 2009

Central Information Commission
Mr. Ram Chandra Ram vs Association Of Indian … on 7 August, 2009
                            File No. CIC/SG/C/2009/000745
                 CENTRAL INFORMATION COMMISSION
                  Club Building, Opposite Ber Sarai Market,
                    Old JNU Campus, New Delhi - 110067.
                            Tel: +91-11-26161796

                                              Decision No. CIC /SG/C/2009/000745/4396
                                                Complaint No. CIC /SG/C/2009/000745

Complainant                         :     Mr. Ram Chandra Ram
                                          S/o Late Manoo Ram,
                                          Ward No. 14, Near Neelam Talkies,
                                          Moh-Suratganj, P.O.+P.S.
                                          Madhubani-84211, Bihar

Respondent                          :     Shri I.P.Goel,
                                          Under Secretary (Evaluation)
                                          Association of Indian Universities,
                                          AIU House-16,
                                          Comrade Indrajit Gupta Marg,
                                          Kotla Marg, New Delhi-110002

Facts

arising from the Complaint:

Mr. Ram Chandra Ram, had filed a RTI application with the CPIO at Department of School
Education and Literacy, Ministry of Human Resource Development, Deptt. Of School
Education and Literacy, New Delhi on 24/12/2008 asking for information seeking
equivalence of degree obtained from Tribhuvan University. 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 CPIO on 23/06/2009 asking him to
supply the information and sought an explanation for not furnishing the information within
the mandated time.

The Commission received a copy of letter from the CPIO dated 08/07/2009 transferring the
Application to the Respondent to provide the information to the Complainant before
18/07/2009.

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 07/09/2009. 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 14/09/2009.

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
August 07, 2009.

(For any further correspondence in this matter, please quote the file no. mentioned above)