CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai, New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/001120/3901
Appeal No. CIC/SG/A/2009/001120
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Vinod Kumar Sarda
C-89, FF Mansarover Garden,
New Delhi-110015.
Respondent : Mr. Sanjeev Mittal
Public Information Officer & ADM (West)
Office of the Deputy Commissioner
(West Dist.),
Old Middle School Complex,
Rampura, Delhi-110035.
RTI application filed on : 14/01/2009
PIO replied : 12/02/2009
First appeal filed on : 16/02/2009
First Appellate Authority order : 09/03/2009
Second Appeal received on : 12/05/2009
Information sought:
The Appellant in his RTI Application has sought following information(s):
1. Copy of Farad (Khatoni) of Khasara no. 3573/2543/2297/2/1 Bassai Darapur.
2. Copy of Farad (Khatoni) of Khasara no. 3570/2331/2/1 Bassai Darapur.
3. Copy of Map (Shijra) of Khasara no. 3573/2543/2297/2/1 Bassai Darapur.
4. Copy of Map (Shijra) of Khasara no. 3573/2331/2/1 Bassai Darapur.
5. And he wants to know from where he can get a copy of land acquisition notification
and proceeding for the year 1970.
The PIO’s Reply:
The PIO replied to the appellant that the required documents in r/o point no 1-4 might be
obtained from the office of SDM (Patel Nagar) after applying in CA-I form/requisite fee, and
for point no. 5 approach to the Land & Building Department.
The First Appellant Authority’s Order:
The First Appellant Authority ordered, “Records of the revenue estate concerned were
inspected and keeping in view the contention of the appellant, SDM (Patel Nagar) is directed
to provide the copies of the documents, as asked for by the appellant in his original
application, to the appellant within 15 days with reference to documents mentioned at Sr. No.
2, 3 and 4. For Sr. No. 5 PIO had already provided the requisite information to the appellant.”
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Vinod Kumar Sarda
Respondent: Absent
The appellant states that some information was provided to him after the order of the FAA.
However, these copies are not been certified. Also the copy of the Khatoni has not been
provided to the appellant. On 29/04/2009 the PIO has written that the record of the Khatoni
of Khasra no. 2297 & 2331 is not there. The appellant states that the FAA on 09/03/2009 had
in his order stated, “Record of the revenue estate concerned were inspected and keeping in
view the contention of the appellant, SDM-Patel Nagar is directed to provide the
copies/documents as asked by the appellant in his RTI application.”
The PIO will do a diligent search and provide the Khatoni. If the Khatoni is not found a
police complaint will be filed for loss of the revenue record and the copy will be given to the
appellant.
Decision:
The appeal is allowed.
The PIO will provide the a copy of the Khatoni or copy of the police complaint to the
appellant before 20 July 2009.The PIO will certify the copies of the information earlier
provided to the appellant.
The issue before the Commission is of not supplying the complete, required information
by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying
within 30 days, as per the requirement of the RTI Act. It appears that the PIO’s actions
attract the penal provisions of Section 20 (1) .
A showcause notice is being issued to him, and he is directed give his reasons to the
Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 03 August 2009 at
4.30pm alongwith his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1). He will also submit proof of having given the
information to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
29 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(GJ)