Central Information Commission
Md. Samser Uddin Choudhury vs Assam University, Silchar on 9 October, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC /SG/C/2009/001380/5127
Complaint No. CIC/SG/C/2009/001380
Complainant : Md. Samser Uddin Choudhury
Advocate
District Bar Association, Silchar-1
Dist.-Cachar, Assam
Respondent : Public Information Officer
Assam University, Silchar-788 00 1
Facts arising from the Complaint:
Mr. Md. Samser Uddin Choudhury, had filed a RTI application with the PIO, Assam University, Silchar on 07/08/2009 asking for certain information. He received a reply from the PIO vide a letter dated 03/09/2009, rejecting his application, the reasons for rejection as stated by the PIO, are reproduced as under:
"1.The applicant is a frequent information seeker, we received five applications from him since December, 2008.
2. The applicant signs as 'SAMSER','SAMSEER' and 'SAMSUR'.
3. In the mean time we received such an application from the Applicant which provides enough evidence to question the veracity of the information seeker."
Based on this the Complainant has filed a complaint under Section 18, RTI Act with the Commission. From the facts before the Commission, it appears that the aforesaid grounds for rejection of the RTI application as stated by the PIO are not in accordance with the provisions of the RTI Act. The PIO's contention that filing RTI Applications five times in less than a year makes an Applicant 'a frequent information seeker' and the fact that he signs in different manners gives the PIO license to refuse the information is completely flawed.
Decision:
The Complaint is allowed.
The PIO will send the complete information to the Complainant before 02/11/2009. The PIO's action clearly amounts to denial of information without any reasonable cause. 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 of the RTI Act before 06/11/2009.
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 09/10/2009 Encl: Copy of RTI application dated 07/08/2009.
(For any further correspondence in this matter, please quote the file no. mentioned above)(SP)