CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000340/11725
Complaint No. CIC/SG/C/2010/000340
Complainant : Ms. Rakhi Gupta
23/343, Trilokpuri,
Delhi-110091
Respondent : Central Public Information Officer
Ministry of Human Resource Development,
Department of Higher Education
Shastri Bhavan, New Delhi-110001
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:
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 1st December 2009 to the Complainant before 20th April 2011 with a
copy to the Commission.
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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.
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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