CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000507/13442
Complaint No. CIC/SG/C/2010/000507
Relevant Facts
emerging from the Complaint:
Complainant : Mr. Rambalak Pandey,
C/o Shri Surendra Singh,
Mohalla-Khatripura,
Diwani Court East,
Distt.Bahraich (U.P)
Respondent : Central Public Information Officer,
National Institute of Open Schooling,
M.H.R.D, Government of Delhi
A-24-25, Institutional Area, NH-24,
Sector -62, Noida-201309
Gautam Buddha Nagar (U.P)
RTI application filed on : 05/10/2009
PIO replied : 10/11/2009
Complaint received on : 20/04/2010
Information sought: The Complainant is seeking information with regards to a lady named Anwar Jahan.
The admission card, ID Card, Certificates and answer sheets of all the subjects.
Provide the copy of the certificates, mark sheets and other related documents.
Reply from PIO:-
As per the RTI Act, personal information of any person cannot be disclosed without any solid reason.
Hence the desired information cannot be given.
Ground of the Complaint:
Information was not provided by the PIO.
Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a perusal
of the papers it appears that the Complainant has sought copies of Identity Card, Admit Card, Answer
Sheets, Certificates and other documents of Ms. Anwar Jahan. The PIO has denied the information
without mentioning any exemption clauses of Section 8(1) of the RTI Act. He has only stated that the
information is personal information and hence cannot be provided. It appears that he is claiming
exemption under Section 8(1)(j) of the RTI Act. Though the information being sought is personal
information providing it cannot be considered intrusion on the privacy of the individual and hence the
denial of the PIO is not upheld by the Commission.
Decision:
The complaint is allowed.
The PIO is directed to provide the information sought by the Complainant before
05 August 2011.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it appears 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).
A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show
cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1) before 10 August, 2011. He will also send the information sent to the
appellant as per this decision and submit speed post receipt as proof of having sent the information
to the appellant.
This decision is announced in open chamber.
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.
Shailesh Gandhi
Information Commissioner
14 July 2011
(In any correspondence on this decision, mention the complete decision number.)(SH)