CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002217/9505
Appeal No. CIC/SG/A/2010/002217
Relevant Facts
emerging from the Appeal
Appellant : Mr. Khushiram Tanwar
276, Dera village,
New Delhi-110074
Respondent : Ms. Juhi Mukherjee
Public Information Office & Sub Division Magistrate
Government of NCT of Delhi
Old Tehsil building, Hauz Khas
Mehrauli
RTI application filed on : 03/05/2010
PIO replied : Not enclosed
First appeal filed on : 11/06/2010
First Appellate Authority order : 28/06/2010
Second Appeal received on : 06/08/2010
Information Sought:
1. Change of mutation during last 10 months(July 2009 to April 30th 2010)
2. Information about KH No-119 that are listed on 04/04/1996 before change in mutation
3. Approval for changing mutation KH No 1055/715 of the mentioned KH No 119
4. Obtain N .O.C before sale deed execute
5. Whether applied to obtain N.O.C of the mentioned KH No 119 before sale deed executed.
6. N.O.C of property be issued that is disputed and inquiry under government agencies /court of law.
7. Can whether sale deed of property be executed that is to be disputed.
8. Whether subordinate court of law be granted the right of Bhoomidhary up to notified ridge.
Reply of the Public Information Officer (PIO):
No Reply was given.
Grounds for the First Appeal:
Non-supply of information by the PIO.
Order of the First Appellate Authority (FAA):
The FAA directed the PIO to furnish complete information within 10 days.
Grounds for the Second Appeal:
Non-compliance of the order of the FAA
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Khushiram Tanwar
Respondent: Mr. Nitin Panigrahi, Tehsildar on behalf of Ms. Juhi Mukherjee, PIO & SDM;
Mr. Yogendra Singh, Panchayat Secretary office of the BDO;
Inspite of the order of the FAA no information appears to have been provided for the RTI
application of ID-460.
Decision:
The Appeal is allowed.
The respondent Mr. Nitin Panigrahi is directed to provide the information to the
appellant before 22 October 2010.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIO Mr. Nitin Panigrahi, Tehsildar within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed 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.
Mr. Nitin Panigrahi, Tehsildar will present himself before the Commission at the above address on
23 November 2010 at 12.00pm alongwith his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20 (1).
If there are other persons responsible for the delay in providing the information to the Appellant the PIO
is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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 September 2010
(In any correspondence on this decision, mention the complete decision number.)(AM)