CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/901000/9908Adjunct
Appeal No. CIC/SG/C/2010/901000
Relevant Facts
emerging from the Complaint:
Complainant : Mr. Bir Singh
House No. 41, Village Nangli
Razapur East, Nizamuddin, Near
Sarai Kale Khan Bus Terminal
New Delhi
Respondent : Mr. Alok Sharma
Public Information Officer & Dy. Secretary
Land & Building Department
Alternative Branch, Vikas Bhawan
New Delhi-110002
RTI application filed on : 09/06/2010
PIO replied : 21/06/2010
First appeal filed on : Not Filed
Complaint received on : 22/07/2010
Complaint notice sent on : Not issued
Date of Notice of Hearing : 27/09/2010
Hearing Held on : 27/10/2010
Information Sought:
The Complainant had sought following information
In your reply F 32.(58)/17/96/l&B/Alt./3907 dated 03/06/2010 it was confirmed by you that the file would
be scrutinized by the sub committee of the department; while the file was being scrutinized by the sub
committee, why was it not placed before the allotment of alternative plot committee in the previous
meeting(detailed reply) and clarify the due course of time.
PIO’s reply:
Information sought not covered under RTI Act; but your file can be inspected for specific information
during office hours.
Ground of the First Appeal:
Not appealed
Ground of the Complaint:
Unsatisfactory reply by the PIO.
Submission received from the PIO:
No submissions received from the PIO.
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Relevant Facts emerging during Hearing on 27 October 2010:
The following were present:
Complainant : Mr. Bir Singh;
Respondent : Mr. R. K. Saini, OS on behalf of Mr. Alok Sharma, PIO & Dy. Secretary;
“The Complainant states that his land has been acquired about 18 years back and he was supposed
to get an alternate piece of land. No alternate plot has been given to him and when he asked why his
application was not being put before the committee created for this, no reasons are being given to him.
Instead the Complainant is being asked to come and inspect the file. A simple request for providing
reasons why a person’s file is not being putup for allotment of a plot can certainly be provided from the
files and notings. If on the other hand there is arbitrariness in the way the matter is being handled this can
only lead to corruption. The Complainant is clearly a poor man who can only sign his name and the then
PIO’s offer to him to inspect the file is actually a cruel joke on him.
The respondent Mr. R. K. Saini states that prima-facie it appears that there are no reasons on the records
in the file notings. He also states that it appears that there are some deficiencies which have been marked
in the file and offered to help the complainant in this matter. He has stated that he will meet the
complainant in his office on 29 October 2010 at 05.00PM to see how he can help him.
The respondent informs the Commission the earlier reply was provided earlier by Mr. Bhupinder Singh,
Dy. Secretary.”
Commission’s Decision dated 27 October 2010:
The Complaint was allowed.
“The Commission directs the Mr. R. K. Saini to provide the complete information to
the Complainant before 15 November 2010.
The issue before the Commission is of not supplying the complete, required information by the Mr.
Bhupender Singh, Dy. Secretary and the then PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the then 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. Bhupender Singh, Dy. Secretary will present himself before the Commission at the above address on
13 December 2010 at 02.30pm alongwith his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20 (1). He will also bring the information sent to the
Complainant as per this decision and submit speed post receipt as proof of having sent the
information to the Complainant.
If there are other persons responsible for the delay in providing the information to the Complainant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.”
Relevant Facts emerging during showcause hearing on 13 December 2010:
The following were present:
Complainant : Mr. Bir Singh;
Respondent : Mr. Bhupender Singh, Dy. Secretary, Land Management;
The Complainant is a poor barely literate person. He went to the office of the Land & Building
Department along with Mr. Guru Datt who is his neighbor. It is apparent since the Complainant is barely
literate he needs the help of somebody who can understand office papers. He approached Mr. R. K. Saini,
OS alongwith Mr. Guru Datt who refused to allow the Complainant to take the help of Mr. Guru Datt.
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Only Mr. Bir Singh was allowed to look at the papers and states that he was asked to sign on a paper. Mr.
Bir Singh does not know what paper he has signed. The Commission condemns such behaviors by
Government Officers who are dealing with poor barely literate people. This kind of behavior is unfair and
unjust towards the disempowered citizenry of the Country. It is a very sad comment that 18 years after
Mr. Bir Singh’s land was acquired by the Government he is running from pillar to post to get his alternate
plot and is treated so shabbily.
The Commission is instituting an inquiry under Section 18(3) of the RTI Act to see whether Mr. Bir Singh
has obtained the information that he is seeking and whether there are any reasons on the record for his not
getting the alternative plot due to him. The Commission therefore summons Mr. Bhupinder Singh, Mr. R.
K. Saini, OS and Mr. Alok Sharma, PIO & Dy. Secretary to appear before the Commission on
30 December 2010 at 04.30PM with the complete file relevant to allotment of alternative plot to Mr. Bir
Singh. All three will present themselves with the complete file and give evidence justifying not having
provided the information to the Complainant when he filed the RTI application. In case the Commission
finds that they have not provided the information without reasonable cause they will also showcause whey
penalty under Section 20(1) should not be levied on them.
Adjunct decision:
The Commission summons Mr. Bhupinder Singh, Mr. R. K. Saini, OS and Mr. Alok
Sharma, PIO & Dy. Secretary to appear before the Commission on 30 December 2010 at
04.30PM with the complete file relevant to the allotment of alternative plot to Mr. Bir
Singh.
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
13 December 2010
(For any further correspondence in this matter, please quote the file number mentioned above.) (JA
CC:
To,
1- Mr. R. K. Saini, OS
Land & Building Department
Alternative Branch, Vikas Bhawan
New Delhi-110002
2- Mr. Bhupender Singh,
Dy. Secretary
Land Management
Land & Building Department
Alternative Branch, Vikas Bhawan
New Delhi-110002
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