Central Information Commission Judgements

Mr. Ved Prakash vs O/O Registrar Co-Operatives … on 2 April, 2009

Central Information Commission
Mr. Ved Prakash vs O/O Registrar Co-Operatives … on 2 April, 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/2008/00101/2618
                                                                 Complaint No. CIC/SG/C/2008/00101

Complainant                                :        Mr. Ved Prakash
                                                    25 Baldev Park
                                                    Delhi-110051

Respondent                                  :       Public Information Officer,
                                                    O/o Registrar Co-Operatives Societies
                                                    Old Court's Building, Govt of NCT
                                                    Sansad Marg, New Delhi

Facts

arising from the Complaint:

Mr. Ved Prakash, had filed a RTI application with the PIO, O/o Registrar Co-Operatives
Societies Old Court’s Building, Govt of NCT Sansad Marg, New Delhi on 03/07/2008 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 23/12/2008 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 April 25, 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 30, 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
April 02, 2009.

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