CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001146/10083
Complaint No. CIC/SG/C/2010/001146
Complainant : Mr. SK Pal
M 18, Civil Wing
Tis Hazari Courts
Delhi - 110054
Respondent : Public Information Officer
The Bengali Senior Secondary School
22A, Shyam Nath Marg
Delhi- 110054
(Recognized and Aided by Delhi
Administration)
Events Chronologically:
• RTI Application - 28/04/2010
• No information provided by the PIO
• Complaint - 27/08/2010
• Response by the PIO - 28/09/2010
Facts
arising from the Complaint:
Mr. SK Pal had filed a RTI application with the Bengali Senior Secondary School, on
28/04/2010 asking for certain information. However on not having received any information, the
Complainant filed a complaint under Section 18 of the RTI Act with the Commission. Subsequently,
the Commission on 20/09/2010 issued a direction to both the parties to provide evidence regarding
whether the said organization is a public authority or not for the purpose of the RTI Act. Thereafter,
the Commission received a letter in furtherance of the 20/09/2010 letter from the Officiating Principal,
Bengali Senior Secondary School on 28/09/2010. On perusal of the response, the Commission is
satisfied that the School is a public authority falling under the purview of the RTI Act.
On perusal of the documents, the Commission observes that no information has been sent to
the Complainant with regard to the said RTI Application. 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.
In view of the aforesaid, the Officiating Principal, Bengali Senior Secondary School is
hereby directed to provide the information to the Complainant as sought in the RTI Application dated
28/04/2010. The complete and correct information should be provided to the Complainant before
30/11/2010. Proof of dispatch of information should be sent to the Commission before 05/12/2010.
Further, the Officiating Principal is directed 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 05/12/2010.
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
18th November, 2010
Encl: RTI Application dated 28/04/2010
(In any correspondence on this decision, mention the complete decision number.)(JA)