Central Information Commission
Mr.Omprakash Kashiram vs Reserve Bank Of India on 30 November, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No: CIC/SG/C/2011/001091/16046
Complaint No: CIC/SG/C/2011/001091
Complainant : Mr. Omprakash Kashiram
03/16, Amol Apartment,
Waldhuni,
Kalyan - 421301
Respondent : Public Information Officer
Slum Rehabilitation Authority (SRA),
Administrative Building,
Anant Kanekar Marg, Bandra (E),
Mumbai - 400051
Facts arising from the Complaint:
The Complainant had filed a RTI application with the PIO, RBI, Mumbai on 17/07/2011 asking for certain information. However on not having received the information within the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to the CPIO, Slum Rehabilitation Authority (SRA), Mumbai on 22/09/2011 with a direction to provide the information to the Complainant and further 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 made is that the PIO has deliberately and without any reasonable cause refused to give information as per the provisions of the RTI Act. Failure on the part of the PIO to respond to the Commission's notice shows that there is no reasonable cause for the refusal of information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the Respondent is hereby directed to provide the complete information in regard to the RTI Application dated 17/07/2011 to the Complainant before 28/12/2011 with a copy to the Commission. From the facts before the Commission, it appears that the CPIO, Slum Rehabilitation Authority (SRA), Mumbai has not provided the correct and complete information within the mandated time and has failed to comply with the provisions of the RTI Act. The delay and inaction on the PIOs part in providing the information amounts to willful disobedience of the Commission's direction.
The CPIO, Slum Rehabilitation Authority (SRA), Mumbai is hereby directed to send his written submissions to the Commission before 05/01/2012 to show cause why penalty should not be imposed and disciplinary action be not recommended against him under Section 20 (1) and (2) of the RTI Act. If the information has already been supplied to the complainant, send a copy of the same to the Commission with your written submissions, and also copy of proof of seeking assistance from other person(s), if any. 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 November 2011 Encl: RTI Application dated 17/07/2011 (In any correspondence on this decision, mention the complete decision number.)(IN)