CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001362/5635
Complaint No. CIC/SG/C/2009/001362
Complainant : Ms. Kumari Pratibha,
House no. 265, Jagdev Nagar, North Beli Road,
Reliance Telephone Office Road, P.O.-Danapur,
Zila-Patna, Bihar
Respondent : Public Information Officer
Ministry of Human Resource Development,
IGNOU, Patna Regional Centre, 2nd Floor,
Biscomaun Tower, West Gandhi Maidan,
Patna, Bihar-800001
Facts
arising from the Complaint:
Ms. Kumari Pratibha had filed a RTI application with the PIO-MHRD, IGNOU, Patna
Regional Centre, 2nd Floor, Biscomaun Tower, West Gandhi Maidan, Patna, Bihar on
24/07/2009 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 on 16/09/2009. The
Commission issued a notice to the PIO on 07/10/2009 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 made 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 December 13,
2009. The PIO’s action clearly amounts to denial of information without any reasons. The PIO is
therefore, asked to submit a written explanation to show 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 December 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.
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
23 November 2009
(In any correspondence on this decision, mention the complete decision number.)(RA)