Central Information Commission Judgements

Mr. Tyyab Ali vs Aligarh Muslim University on 24 February, 2009

Central Information Commission
Mr. Tyyab Ali vs Aligarh Muslim University on 24 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/2008/00900/SG/2023
                                                      Complaint No. CIC/OK/C/2008/00900/SG

Complainant                           :        Mr. Tyyab Ali
                                               Deen Dayal Hospital
                                               C/O UP Rajakiya Nirman Nigam Ltd
                                               Ram Ghat, Quarsi, Aligarh-202001

Respondent                             :       Public Information Officer
                                               Admission Section
                                               Office of the Controller of Examination,
                                               Aligarh Muslim University,
                                               Aligarh-202002

Facts

arising from the Complaint:

Mr. Tyyab Ali had filed a RTI application with the PIO, Office of the Contoller of
Examination, AMU on 30/08/2008 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 15/12/2008 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 15, 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 20, 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 24, 2009.