CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/00141/11595
Appeal No. CIC/SG/A/2011/00141
Relevant Facts
emerging from the Appeal
Appellant : Mr. Guldeep Singh,
S/o Late Sh. Attar Singh,
R/o 237, Balmiki Wali Gali,
Village Bakoli, Delhi -110036.
Respondent : Dr. B. M. Mishra
` Public Information Officer & SDM(Narela),
Govt. of NCT of Delhi,
O/o The S.D.M (Narela).
MPCC Building, Naya Bass,
New Delhi -110082.
RTI application filed on : 19-06-2010
PIO replied : 19-07-2010
First appeal filed on : 04-08-2010
First Appellate Authority order : Not ordered
Second Appeal received on : 12-01-2011
The appellant had asked about a plot bearing no. 07, Kh. No. 764, situated in the Extended Abadi
Deh of village Bakoli, Delhi -110036, allotted to his Grand Mother named Shyamo Devi W/o Sh. Ramji
Lal, R/o VPO Bakoli Delhi -110036 on dated 05/07/1936.
Sl. Information sought. The PIO reply.
1. When will be given the possession of the residential plots which was This information is not
allotted as residential plots to the villagers of Village Bakoli, Delhi- available in this office.
110036?
2. Whom many plots were allotted to the villagers of village Bakoli, As above.
Delhi-36 in the year of 1986?
3. Whether the possession has given to any allotted of these plots till No.
now yes / no.
4. It the possession is not given to any allottee so far then till me why This information is not
not? available in this office.
5. Tell me in written when will be given the possession of these allotted As above.
plots to the allottees?
Grounds for the First Appeal:
Appellant is not satisfied with the reply.
Order of the First Appellate Authority (FAA):
No order had been passed by FAA.
Grounds for the Second Appeal:
Appellant is not satisfied with the reply. And no order had been passed by FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Guldeep Singh;
Respondent: Mr. Ashok Sharma, NT on behalf of Dr. B. M. Mishra, PIO & SDM(Narela);
The Respondent states that the information sought by the Appellant should be with the BDO who
has stated that the information is not available with him. Even if the information has not been available
with the BDO he should have taken the assistance of some other officer who held the information as per
Section-5(4) and provided it to the Appellant.
The Respondent states that the person responsible for not providing the information was the then BDO
Mr. Om Prakash.
Decision:
The Appeal is allowed.
The PIO/SDM(Narela) is directed to provide the information,- if necessary by
obtaining it from the BDO,- to the Appellant before 10 April 2011.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIO the then BDO Mr. Om Prakash within 30 days as required by the law.
From the facts before the Commission it appears that the deemed PIO & then BDO 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. Om Prakash the then BDO will present himself before the Commission at the above address on
20 April 2011 at 11.00am 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.
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
22 March 2011
(In any correspondence on this decision, mention the complete decision number.)(BK)
CC:
To,
Mr. Om Prakash the then BDO through Dr. B. M. Mishra, PIO & SDM(Narela);