CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000340/11725Adjunct
Complaint No. CIC/SG/C/2010/000340
Complainant : Ms. Rakhi Gupta
23/343, Trilokpuri,
Delhi-110091
Respondent : Mr. S. K. Tanwar,
CPIO & Deputy Director (Admn.),
National Institute of Open Schooling,
A- 24- 25, Institutional Area, NH- 24,
Sector- 62, Noida- 201309
Facts
arising from the Complaint:
The Complainant had filed an RTI application with the aforementioned Respondent on 1st December
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 4th January 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 dated March 30, 2011:
The Complaint was allowed.
“In view of the aforesaid, the CPIO is hereby directed to provide the complete information with
respect to the RTI Application dated 1st December 2009 to the Complainant before 20th April 2011
with a copy to the Commission.
Furthermore, the issue before the Commission is of not providing the requisite information by
the CPIO within 30 days, as required by law.
From the facts before the Commission, it appears that the Respondent has not provided the correct and
complete information within the mandated time and has failed to comply with the provisions of the
RTI Act. The delay and inaction on the Respondent’s part in providing the information raises a
reasonable doubt that the denial of information may be malafide.
The CPIO is hereby directed to present himself before this Commission on 25th April 2011 at
3.00 pm along with 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
should not be taken. Further, the CPIO may serve this notice to any other official who is
responsible for this delay in providing the information, and may direct him to be present before
the Commission along with him on the aforesaid scheduled date and time. The CPIO shall also
bring proof of seeking assistance from other officials, if any.”
Relevant facts emerging at the show cause hearing held on April 25, 2011:
The following were present:
Complainant: Ms. Rakhi Gupta;
Respondents: Mr. Anil Kumar, Accounts Officer on behalf of Mr. S. K. Tanwar, CPIO & Deputy
Director (Admn.) and Mr. Devendra Kumar, Under Secretary, M/o HRD.
The Commission noted that the RTI application dated 01/12/2009 was received at the Ministry of
HRD on 03/12/2009, which was sent to the National Institute of Open Schooling (“NIOS”) on
22/12/2009. It was received by the then CPIO, NIOS on 07/01/2010, who furnished a reply on
15/03/2010.
On perusal of the same, the Commission noted that information provided in relation to queries 1, 2 and
3 of the RTI application appears to be complete. However, in query 4, the Complainant had sought
inter alia copies of statements of bank accounts of NIOS for last two years, which was denied on the
basis of Section 8 of the RTI Act. Thereafter, vide letters dated 09/04/2010, 23/04/2010, 11/05/2010
and 07/07/2010, the Complainant was requested to inspect the relevant bank statements. The
Complainant stated that though she visited the office of NIOS from time to time, she was not provided
with copies of the relevant bank statements.
Further to the receipt of the Commission’s order dated 30/03/2011, the parties have mutually agreed
that on 10/05/2011, the Complainant shall inspect the statements of bank accounts of NIOS for last
two years.
Adjunct Decision:
In view of the aforesaid, the Commission hereby directs Mr. S. K. Tanwar, CPIO & Deputy Director
(Admn.) to facilitate an inspection of the relevant statements of bank accounts of NIOS for last two
years to the Complainant on May 10, 2011 (as mutually agreed between the parties).
Mr. S. K. Tanwar, CPIO & Deputy Director (Admn.) shall provide attested photocopies of the relevant
pages of the bank statements required by the Complainant free of cost upto 50 pages.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
April 25, 2011
(In any correspondence on this decision, mention the complete decision number.)(RJ)