Central Information Commission
Mr. S.R. Hanawate vs Dept. Of Chemistry, Iit Bombay on 23 March, 2009
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/2008/00495/SG/2349
Complaint No. CIC/OK/C/2008/00495/SG
Complainant : Mr. S.R. Hanawate
Opp IIT main gate, Hari Om Nagar
Jija Mata Society, Room # 5
Powai, Mumabai, Maharastra-400076
Respondent : Public Information Officer,
Dept. of Chemistry, IIT Bombay
Powai, Mumbai
Maharashtra
Facts arising from the Complaint:
Mr. S.R Hanawate, had filed a RTI application with the PIO at the Indian Institute of Technology, Bombay on 05/07/2007 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 12/01/2009 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 April 15, 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 April 20, 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 March 23, 2009.
For any further communication with the Commission please mention the decision No. given at the top.