Central Information Commission Judgements

Mr. Sandeep Saini vs Office Of Adm on 25 March, 2009

Central Information Commission
Mr. Sandeep Saini vs Office Of Adm on 25 March, 2009
                       CENTRAL INFORMATION COMMISSION
                              Room No. 415, 4th Floor,
                            Block IV, Old JNU Campus,
                                New Delhi - 110067.
                               Tel : + 91 11 26161796

                                                             Decision No. CIC /SG/C/2009/000056/2335
                                                                Complaint No. CIC/SG/C/2009/000056

Complainant                                :        Mr. Sandeep Saini
                                                    3180, Kucha Tara Chand
                                                    Daryaganj, New Delhi-110002

Respondent                                  :       PIO/ADM
                                                    Saket, MB Road
                                                    New Delhi
Facts

arising from the Complaint:

Mr. Sandeep Saini had filed a RTI application with the PIO at the Office of ADM on
29/04/2008 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 12/02/2009 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 April 20, 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 April 25, 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
March 25, 2009.

For any further communication with the Commission please mention the decision No. given at the top.