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Decision No. CIC/SG/A/2010/002203/9486
Appeal No. CIC/SG/A/2010/002203
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Suresh Kumar
S/O Mr. Suby Singh
R/O Jhimar Mohalla
Village-Badusarai post office-Chhawla
New Delhi-110071
Respondent : Mr. Aashish Mohan
Public Information Officer and SDM
Government of NCT of Delhi
Office of SDM (Najafgarh)
BDO office complex, Najafgarh
New Delhi-43
RTI application filed on : 25/01/2010
PIO replied : 17/02/2010
First appeal filed on : 02/03/2010
First Appellate Authority order : 25/03/2010
Second Appeal received on : 16/04/2010
S. No Information Sought Reply of the Public Information Officer (PIO)
1. Certified copy of the register hakdar The Appellant can get the specific information /copy of the
of the village Badusarai which was information after depositing the requisite fee after fulfilling
before the starting of Chakbandi. C-1 form in the office on any working day as per his
convenience
2. Number of chakbandi copies allotted Copies issued to all the Bhumidar of will. Badusarai as per
to the person before starting of revenue records
Chakbandi along with names and
addresses.
3. Date on which the chakbandi The consolidation process was started as per notification of
process started and name of the Honorable L.G Delhi .The said consolidation work was
officer on whose order the same was under process of sec 21(2) and the same was also under
initiated along with copy of the same consideration in the court of F.C
order.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA in its order suggested the Appellant to deposit the requisite fee to obtain the information with
respect to query No 1.
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Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent;
Respondent: Mr. Manoj Dahiya, Naib Tehsildar on behalf of Mr. Aashish Mohan, PIO & SDM;
The PIO has informed the appellant in query-1 that he should apply on CA-I form as per DLR Act
1954. The RTI Act supersedes all prior act as per Section 22 of the RTI Act. When there are multiple
ways by which information can be accessed by the citizens it is the citizen’s choice which route he wishes
to adopt. In the instant case the appellant had used the RTI Act and hence the PIO was duty bound to
provide the information under the RTI Act. As per Section 7(3) (a) the PIO should have informed the
appellant the further fees representing the cost of providing the information together with the calculations
made as per the Central Rules prescribed for the RTI Act. The PIO failed to do this and is warned that in
future such an action will invite the penalty provisions of the RTI Act.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information with respect to query-1 free of cost to
the appellant before 05 October 2010.
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
24 September 2010
(In any correspondence on this decision, mention the complete decision number.) (AM)
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