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/2008/00225/SG/1662
Complaint No. CIC/SG/C/2008/00225/SG
Complainant : Ms. Deepika Rawat
743 F/S Flats, Rajouri Garden
New Delhi
Respondent : Public Information Officer
ADM, Old Terminal Tax Building
Kapashera, New Delhi
Facts
arising from the complaint:
Ms. Deepika Rawat had filed a RTI application with the Public Information Officer
ADM, Old Terminal Tax Building, Kapashera, New Delhi, on 22/07/2008 asking for certain
information. Since no reply was received within the mandated time of 30 days, she had filed a
complaint under Section 18 to the Commission. The Commission issued a notice to the PIO
on 05/01/2009 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 March 5, 2009.
The PIO’s action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to give a written submissions showing cause as to why penalty should not be
imposed and disciplinary action be recommended against him under Section 20 (1) of the RTI
Act. He will give his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1) before 10 March, 2009. He will also submit proof
of having given the information to the appellant.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
February 13, 2009.