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/2008/00212/1660
Complaint No. CIC/SG/C/2008/00212
Complainant : Surender Kumar
BM 194/56, Delhi Fire Services
Bhorgarh Fire station, Delhi
Respondent : Public Information Officer
Joint Secretary
Govt. of NCT. Delhi
Delhi Secretariat, New Delhi-110002
Facts
arising from the complaint:
Mr. Surender Kumar had filed a RTI application with The Public Information Officer,
Joint Secretary, Govt. of NCT. Delhi, Delhi Secretariat, New Delhi-110002 on 30/09/2008
asking for certain information. Since no reply was received within the mandated time of 30
days, he 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.