Central Information Commission
Mr. Surender Singh Saini vs All India Council For Technical ... on 30 October, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001204/5301
Complaint No. CIC/SG/C/2009/001204
Complainant : Mr. Surender Singh Saini
House no. C-75, CSIO Campus,
Sector 30C, Chandigarh-160030
Respondent : (1) Regional Officer & Asst. PIO
All India Council for Technical Education(AICTE)
North West Regional Office-AICTE,
1310, Sector-42B, Chandigarh-160036
(2) Central Public Information Officer
All India Council for Technical Education(AICTE),
7th Floor, Chanderlok Building, Janpath,
New Delhi-110001
Facts arising from the Complaint:
Mr. Surender Singh Saini had filed a RTI application with the PIO-AICTE, North West Regional Office-AICTE, 1310, Sector-42B, Chandigarh on 22/05/2009 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 on 07/08/2009.
The Commission issued a notice to the PIO-AICTE, North West Regional Office-AICTE, 1310, Sector-42B, Chandigarh on 29/08/2009 asking him to supply the information and sought an explanation for not furnishing the information within the mandated time. The PIO- AICTE, 1310, Sector-42B, Chandigarh has informed the Commission vide a letter dated 01/10/2009 that he has transferred the RTI application dated 22/05/2009 of the Complainant to the CPIO- AICTE, 7th Floor, Chanderlok Building, Janpath, New Delhi on 01/10/2009.
The Commission has neither received a copy of the information sent to the complainant, nor has it received any explanation from the CPIO- AICTE, 7th Floor, Chanderlok Building, Janpath, New Delhi for not supplying the information to the complainant. Therefore, the only presumption that can be made is that the CPIO- AICTE, 7th Floor, Chanderlok Building, Janpath, New Delhi have deliberately and without any reasonable cause refused to give information as per the provisions of the RTI Act.
Decision:
The Complaint is allowed.
The CPIO- AICTE, 7th Floor, Chanderlok Building, Janpath, New Delhi shall send the complete information to the complainant before November 20, 2009. The action of both the PIOs clearly amounts to denial of information without any reasons. Both the PIOs are therefore, asked to submit a written explanation to show cause as to why penalty should not be imposed and disciplinary action be recommended against them under Section 20 (1) & (2) of the RTI Act before November 27, 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 30 October 2009 (In any correspondence on this decision, mention the complete decision number.)(RA)