CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001427/5865
Complaint No. CIC/SG/C/2009/001427
Complainant : Mr. Ramashankar Shah,
239, Vipin Garden, Near Kakrola More,
Uttam Nagar, New Delhi-110059
Respondent : (1) Public Information Officer
Government of NCT of Delhi
Rao Tula Ram Memorial Hospital
Jaffar Pur Village, New Delhi-110073
(2) Public Information Officer
Government of NCT of Delhi
Deen Dayal Upadhyay Hospital,
Hari Nagar, New Delhi-110064
Facts
arising from the Complaint:
Mr. Ramashankar Shah had filed a RTI application with the PIO-Department of
Health and Family Welfare, A-wing, 9th Level, Delhi Secretariat, New Delhi on
29/07/2009 asking for certain information, which was transferred to the PIO-GNCTD,
DDU Hospital, Hari Nagar, New Delhi on 03/08/2009 U/s 6(3) of RTI Act, 2005. Since
no reply was received within the mandated time of 30 days, he had filed a complaint
under Section 18 to the Commission on 12/10/2009. The Commission issued a notice to
the PIO on 22/10/2009 asking him to supply the information and sought an explanation
for not furnishing the information within the mandated time.
The PIO-GNCTD, DDU Hospital, Hari Nagar, New Delhi has informed the
Commission vide a letter dated 17/11/2009 that he had forwarded the RTI application
dated 29/07/2009 to PIO-GNCTD, Rao Tula Ram Memorial Hospital, Jaffar Pur, New
Delhi on 30/09/2009.
The Commission has neither received a copy of the information sent to the
complainant, nor has it received any explanation from the PIO-GNCTD, Rao Tula Ram
Memorial Hospital, Jaffar Pur, New Delhi for not supplying the information to the
complainant. Therefore, the only presumption that can be made is that the PIO has
deliberately and without any reasonable cause refused to give information as per the
provisions of the RTI Act.
Decision:
The Complaint is allowed.
The PIO will send the complete information to the complainant before January
03, 2010. The PIO’s action clearly amounts to denial of information without any reasons.
The APIO is therefore, asked to submit a written explanation to show 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 January 20, 2010.
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.
Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi
Information Commissioner
14 December 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)