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Central Information Commission

Dr. R. Subramaniam 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/2009/001173/5298
                                                     Complaint No. CIC/SG/C/2009/001173

Complainant                        :       Dr. R. Subramaniam
                                           Joint Secretary, AUT-PSG, Tech Unit, No.10,
                                           Venkatachalapathi Elementary School Street,
                                           Kongu Nagar, Tirupur-641607

Respondent                          :   (1) Public Information Officer
                                            All India Council for Technical Education(AICTE),
                                            Deputy Director (AICTE),
                                            7th Floor, Chanderlok Building, Janpath,
                                            New Delhi-110001

                                        (2) Public Information Officer
                                            AD (RID), RID Bureau, AICTE
                                            All India Council for Technical Education
                                            7th Floor, Chanderlok Building, Janpath,
                                            New Delhi-110001

Facts arising from the Complaint:

Dr. R. Subramaniam had filed a RTI application with the PIO - AICTE, 7th Floor, Chanderlok Building, Janpath, New Delhi on 08/04/2009 asking for certain information. Since no reply was received within the mandated time of 30 days, he had filed a complaint under Section 18 of the RTI Act to the Commission on 02/08/2009.

The Commission has issued a notice to the PIO on 26/08/2009 asking him to supply the information and sought an explanation for not furnishing the information within the mandated time. The PIO-AICTE has informed the Commission vide letter dated 25/09/2009 that the RTI application dated 08/04/2009 of the Complainant was forwarded to the PIO-RID Bureau, AICTE on 18/04/2009 and the information has been sent to the Complainant on 25/05/2009.

A perusal of the papers submitted by the PIO, the Commission has observed that the time period for which the information required was twenty years i.e. 1989-1990 to 2008-2009, whereas the PIO has provided the information only for the time period of 2002-2003 to 2008- 2009 to the Complainant. Hence the Commission directs both the PIOs to provide the complete information to the Complainant.

Decision:

The Complaint is allowed.
The Commission directs both the PIOs to give the complete information to the Complainant before November20, 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)