CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000385/11727
Complaint No. CIC/SG/C/2010/000385
Complainant : Mr. Vinesh Jain,
91-B Adarsh Nagar, Ajmer
Rajasthan-305001
Respondent : Central Public Information Officer,
All India Council for Technical Education,
7th Floor Chanderlok Building, Janpath
New Delhi-110001
Facts
arising from the Complaint:
The Complainant had filed an RTI application with the aforementioned Respondent on 07.12.2009
asking for certain information. On not having received any information within the mandated time the
Complainant filed a Complaint under Section 18 of the RTI Act before the Commission. On this basis,
the Commission issued a notice to the Respondent on 05.01.2011 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 has neither received a copy of the information sent to the Complainant, nor has
it received any explanation from the CPIO for not supplying the information to the
Complainant. Therefore, the only presumption that can be made is that the CPIO has
deliberately and without any reasonable cause refused to give information as per the provisions
of the RTI Act. Failure on the part of the CPIO to respond to the Commission’s notice shows
that there is no reasonable cause for the refusal of information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the CPIO is hereby directed to provide the complete information with respect
to the RTI Application dated 07.12.2009 to the Complainant before 20.04.2011 with a copy to the
Commission.
From the facts before the Commission, it appears that the CPIO has not provided any
information within the mandated time and has failed to comply with the provisions of the RTI
Act. The delay and inaction on the PIO’s part in providing the information, amounts to willful
disobedience of the Commission’s direction and also raises a reasonable doubt that the denial of
information may be malafide.
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The CPIO is hereby directed to send to the Commission his written submissions to show cause
why penalty should not be imposed and disciplinary action recommended against him under
Section 20 (1) and (2) of the RTI Act. This should reach the Commission before 25.04.2011.
This decision is announced in open chamber.
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.
Shailesh Gandhi
Information Commissioner
30th March 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)
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