CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi - 110067.
Tel: + 91 11 26161796
Decision No. CIC /OK/C/2008/00458/SG/1753
Complaint No. CIC/OK/C/2008/00458/SG
Complainant : Ms. Saroj Dean
R/o-100, Madhupuri
Sitapur, Uttar Pradesh - 261001
Respondent : The Central Public Information Officer,
Ministry of Human Resource Development
Dept. of Secondary and Higher Education
Shastri Bhawan, New Delhi
Facts
arising from the Complaint:
Ms. Saroj Dean had filed a RTI application with the PIO at the Ministry of Human
Resource Development, Delhi on 16/02/2008 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 10/12/2008 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 11,
2009. The PIO’s action clearly amounts to denial of information without any reasons. The
PIO is therefore, asked to submit a written explanation showing 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 March 16, 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.
Shailesh Gandhi
Information Commissioner
February 18, 2009.
