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Decision No. CIC/SG/A/2011/001193/13117
Appeal No. CIC/SG/A/2011/001193
Relevant facts emerging from the Appeal:
Appellant : Mr. Sudhir Singh Rana,
President
Yuva Chetna Samaj Sudhar Sangathan,
Khera Kalan, Delhi -10082.
Respondent (1) : Dr. B. M. Mishra
PIO & SDM(Narela)
Revenue Department, GNCTD
MPCC Building, Naya Bass,
Narela, Delhi
(2) : PIO
Office of Divisional Commisioner Office
Revenue Department, GNCTD
5, Sham Nath Marg,
New Delhi
RTI application filed on : 03/11/2010
RTI transferred on : 24/11/2010 to PIO Revenue Dept. (Distt. N.W.)
06/12/2010 to PIO/SDM (Narela)
PIO replied on : 19/01/2011
First Appeal filed on : 01/20/2011
First Appellate Authority order of : 28/03/2011
Second Appeal received on : 02/05/2011
Sl. Information Sought Reply of PIO
1. Action taken on the decision dated 13.07.2010 of As per order dated 13/07/2010 of the
Hon'ble Court of Financial Commissioner, Delhi in Hon'ble Court of Financial Commissioner,
Revision Petition No. 215/2008-CA titled "Ravinder Delhi, the matter will be investigated by the
Rana v/s Ajay Kumar Bansal & Others". Office of Divisional Commissioner/
Principal Secretary (Revenue).
2. Action taken on the note of Hon'ble Financial The record of consolidation, i.e., Nakal
Commissioner, Delhi reportedly sent on 16.7.2010 to Register, Khatoni, Demand list along with
the Divisional Commissioner/Principal Secretary report of scouting committee as required by
(Revenue), Govt. of NCT of Delhi taking 'suo rnoto' the office of Hon'ble Financial
cognizance u/s 42 of the East Punjab Holdings Commissioner of Delhi for the matter for
(Consolidation & Prevention of Fragmentation) Act "suo moto" has already been submitted by
1948 in regard to irregular allotment of land to the office of Consolidated Office for the
ineligible persons under the Consolidation Scheme in pursuance of Hon'ble Commissioner of
village Khera Kalan, Delhi. Delhi.
Ground for the First Appeal:
PIO did not provide satisfactory information.
Order of the First Appellate Authority (FAA):
The FAA observed that the PIO has furnished the appellant with the information vide letter No.
42(1659)/NL/2010/475 dated 20/01/11. However, the appellant not being satisfied with the
information provided, the FAA directed the PIO to call the appellant to his office on a fixed date and
time and inspect the records for any further details.
Ground for the Second Appeal:
The PIO has not furnished with relevant information.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Sudhir Singh Rana;
Respondent: Dr. B. M. Mishra, PIO & SDM(Narela);
The appellant had sought information about the action taken on an order of the court of the
Financial Commissioner on 13/07/2010. This order was issued to the Divisional
Commissioner/Principal Secretary Revenue and obviously expected certain action to be taken by one
of these. The appellant therefore filed his RTI application with the PIO of the Divisional
Commissioner. The RTI application appears to have been sent to Dy. Commissioner (NW) who in turn
sent the application to ADM(NW), who then pushed the paper to SDM(Narela). The respondent states
that no order of the Financial Commissioner has ever reached to his office as informed by Mr. Rajiv
Kumar then Consolidation Officer (Narela). In this event it appears that the information should be with
Divisional Commissioner’s office since the direction was for the Divisional Commissioner/Principal
Secretary Revenue.
Decision:
The Appeal is allowed.
The PIO Divisional Commisioner Office is directed to obtain the information
under Section 5(4) from wherever required and send it to the Appellant before 20 July
2011.
This decision is announced in open chamber.
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.
Shailesh Gandhi
Information Commissioner
27 June 2011
(In any correspondence on this decision, mention the complete decision number.) (SB)