CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor, Block IV,
Old JNU Campus, New Delhi - 110 066.
Tel.: + 91 11 26161796
Decision No. CIC/WB/A/2007/01140/SG/00121
Appeal No. CIC/WB/A/2007/01140
Relevant Facts
emerging from the Appeal
Appellant : Dr. Man Mohan Gulati
115 – A, SFS DDA Flats,
Gulabi Bagh,
Delhi – 110007
Respondent 1 : Mrs. Kiran Dabral
Deputy Commissioner
& Public Information Officer under RTI
Act 2005
Municipal Corporation of Delhi
Civil Lines Zone, 16, Rajpur Road,
Delhi – 110006
RTI filed on : 03/05/2007
PIO replied : 05/06/2007
First appeal filed on : 11/06/2007
First Appellate Authority order : 26/07/2007
Second Appeal filed on : 31/08/2007
The detail of information required:
S.No. Required information The PIO replied. The First
Appellate Authority ordered.
1. Writ petition (C) No. : 18574/2004 1. (a) the matter pertains “The main question is of
Shri Laxman Swaroop Khandelwal to records of Hon’ble availability of record
R/O Flat No.:115-5, SFS, DDA High Court of Delhi
Flats Gulabi Bagh, Delhi-110007. and as such the
asked for with the PIO.
VERSUS applicant may be The PIO had denied that
MCD, DDA & OTHERS advised to obtain the such information is
(a) Please supply the copies of desired available in the office
both the plaint as filed by information/documents under her control.
the plaintiff and that of from the Hon’ble High
rejoinder / reply furnished Court of Delhi.
Obviously, if the
to the Honorable High information is not
Court, Delhi by the MCD available, the same cannot
as a respondent in the case be created or procured
along with that of affidavit just for the sake of
filed along with by MCD.
(b) Also please supply the (c) Same as 1 (a)
supplying the same to the
Judgment order as passed appellant under RTI Act.”
by the Honorable High Under the circumstances
Court, Delhi. there is no scope for
interference in the matter
and information which is
not available in the
custody of the PIO cannot
be supplied.
2. Writ petition ( C ) No.: 2729 / 2005
Vinod Kumar Sharma R/O Flat
No.: 115-D, SFS, DDD Flats,
Gulabi Bagh, Delhi – 110007.
VERSUS
MCD, DDA & OTHERS
(a) Please supply the copies of
both the plaint as filed by
the plaintiff and that of
rejoinder / reply furnished
to the Honorable High
Court, Delhi by MCD as a
respondent in the case
along with affidavit filed
along with by MCD.
(b) Also please supply the
judgment order as passed
by the Honorable High
Court, Delhi.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Dr. Man Mohan Gulati
Respondent: Mr.C.B.Singh representing SP Zone.
Mrs. Kiran Dabral is absent.
The Commission asked the respondents to explain the grounds of refusal. The Commission
also informed them that if a record exists with them they are dutybound to give it unless they
can claim an exemption under Section 8 (1) of the RTI act.
Since no exemption has been claimed and there is no claim that the information is not with
them they would have to provide the information. There can be no ground to refer the
appellant to another Public authority,- which may also have the information,- as appears to be
the case in this matter.
Decision:
The appeal is allowed.
The Public authority will give the information by 6 November to the appellant.
The Commission also directs the Public authority in future to provide information if it is with
them, or transfer the application within 5 days as mandated by the law to another Public
authority.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
22 October, 2008
Decision No. CIC /WB/A/2007/01140/SG/121
Appeal No. CIC/WB/A/2007/01140/