Central Information Commission Judgements

Mr. Ravi Saini vs National Council For Teacher … on 18 February, 2009

Central Information Commission
Mr. Ravi Saini vs National Council For Teacher … on 18 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 /OK/C/2008/00768/SG/1755
                                                  Complaint No. CIC/OK/C/2008/00768/SG

Complainant                           :        Mr. Ravi Saini
                                               Court Compound, Kashipur
                                               Dist-Uddam Singh Nagar
                                               Uttarakhand

Respondent                                :    The Public Information Officer,
                                               Northern Regional Committee
                                               National Council for Teacher Education
                                               A-46, Shanti Path, Tilak Nagar,
                                               Jaipur - 302004
Facts

arising from the Complaint:

Mr. Ravi Saini had filed a RTI application with the PIO at NCTE, Jaipur on
09/05/2008 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 10/12/2008 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 11,
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 16, 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 18, 2009.