Mr.Shaoor Ahmed Khan vs Directorate Of Education, Gnct, … on 31 May, 2010

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Central Information Commission
Mr.Shaoor Ahmed Khan vs Directorate Of Education, Gnct, … on 31 May, 2010
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                          Decision No. CIC/SG/C/2010/000360/7926
                                                            Complaint No. CIC/SG/C/2010/000360

Complainant                      :           Mr. Shaoor Ahmed
                                             23/243, Trilokpuri
                                             New Delhi-110091

Respondent                        :         Public Information Officer (HQ)
                                            Directorate of Education
                                            RTI Cell, Room No.220, Old Secretariat
                                            New Delhi-110054

Facts

arising from the Complaint:

Mr. Shaoor Ahmed had filed a RTI application with the PIO, MHRD, New Delhi on
01/12/2009 asking for certain information. Subsequently, the RTI Application was transferred to Dte.
Of Education, GNCTD vide a letter dated 10/12/2009 of CPIO & Director, MHRD. However, on not
having received any further information within the mandated time, the Complainant filed a complaint
under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice
to the PIO, Dte. Of Education, GNCTD on 22/03/2010 with a direction to provide the information to
the Complainant and further sought an explanation for not furnishing the information within the
mandated time.

The Commission is in receipt of a letter dated 06/04/2010 from the PIO, Dte. Of Education
stating that the RTI Application was received on 15/12/2009. Further, stating that information received
from different branches were made available to the Complainant vide letter(s) dated 07/01/2010 and
14/01/2010. It has also been stated therein that the RTI Application has been transferred to PIO,
Department of Welfare of SC/ST/OBC/Minorities and Delhi Minorities Commission vide a letter
dated 29/01/2010 and 12/01/2010 respectively as the queries were also said to be concerning the said
departments. The PIO also states that the information being sent in time did not get delivered as the
post was returned with remarks “left without address”, thereafter on receipt of a copy of
Complainant’s compliant to the Commission, the information is said to have been resent on the new
address. Copy of above mentioned transfer letters were enclosed. However, the Commission has
received no proof from the Department of Welfare of SC/ST/OBC/Minorities and Delhi Minorities
Commission of having provided the information to the Complainant pertaining to their respective
departments.

Decision:

The Complaint is allowed.

In view of the aforesaid, the PIO, Department of Welfare of SC/ST/OBC/Minorities and PIO,
Delhi Minorities Commission are hereby directed to provide the information that pertains to their
respective departments in regard to the RTI Application dated 01/12/2009 to the Complainant before
22/06/2010 with a copy to the Commission. The inaction on both the PIO’s part to comply with the
provisions of the RTI Act appears to be without any reasonable cause. Both the PIO(s) are therefore,
asked to submit a written explanation to show cause as to why penalty should not be imposed and

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disciplinary action be recommended against him under Section 20 (1) & (2) of the RTI Act before
28/06/2010.

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
31 May 2010

Encl: Copy of transfer letters dated 29/01/2010 and 12/01/2010.

(In any correspondence on this decision, mention the complete decision number.)(SP)

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