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Decision No. CIC/SG/A/2011/001962/15344
Appeal No. CIC/SG/A/2011/001962
Relevant Facts
emerging from the Appeal
Appellant : Mr. Ali Saquafi
Model Village
Markaz Nagar
Kanyapuram
P.O. Wimberlygunj
South Andaman-744206
Respondent : Mr. Asif Ali
CEO & PIO
UT of Andaman & Nicobar
O/o Assistant Secretary
Andaman and Nicobar Island
Wakf Board Musafir Khana Building
First Floor MB-1
Rajendra Prasad Road
Port Blair-744101
RTI application filed on : 14/03/2011
PIO replied : 07/04/2011
First appeal filed on : 21/03/2011
First Appellate Authority order : 01/04/2011
Second Appeal received on : 07/06/2011
Date of Notice of Hearing : 30/09/2011
Hearing Held on : 27/10/2011
The Appellant had sought information in the matter of Kabeeriya Masjid, Markaz Nagar/
Wakf Board letter No. ANI/WB/IW32/2011/49 dated 09/03/2011:
S. Information Sought Reply of the Public Information No Officer (PIO)
1. The copy of statutory order/ direction of the Copy of Superintendent of Police,
competent Authority or any other order South Andaman letter no.
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direction that has been issued to Prevent SP(D)/SA/2011/1114
entry of Muslim Devotees inside Kabeeriya dated 08/03/2011 is enclosed in the
Masjid. matter (Annexure "A")
2. The copy of Record/Document showing the Not available
competency of the Authority that made the
order or direction as in item No.1 above.
3. Copy of letter No: SP (D)/SA/201 1/1114, Copy of letter No. SP (J)/SA/2011/1
dated 8-3-I I along with enclosures that 114 dated 08/03/2011 received from
originated from the Superintendent of police. the Superintendent of Police, South
South Andaman received by the Andaman & Andaman is enclosed as Annexure
Nicobar Islands Wakf Board. “A” above against SL.No.1.
4. The details of EK & AP groups describing its The details of EK and AP groups
expansion. legality of EK & AP group’s describing its expansion, legality of
existence etc. EK and AP groups’ existence etc. are
not available with the A&N Islands
Wakf Board.
5. The relevant provisions in Wakf Act I 9G5/ The subject matter of Wakf property
A & N Islands Wakf Rules 2002 under which including that of Kabeeriyya Masjid
the subject matter of Kabeeriya Masjid is is being dealt with by the A&N
being dealt with h’ Islands Wakf Board and the
I. Andaman & Nicobar Islands Wakf Board. Chairperson of A&N Islands Wakf
II. Chairperson of Andaman & Nicobar Board in accordance with the
Islands Wakf Board. provisions contained in the Wakf
Act, 1995 and Andaman & Nicobar
Wakf Rules, 2002.
6. Other relevant statutory provisions relied on Same as 5th
in the form of
Circulars/Notices/Endorsement/Qrders/Offiee
Memorandums/GID/GSR etc of competent
Authority of the Government under which
the subject matter of Kabeeriya Masjid is
being acted upon considered/dealt with by
the:
I. Andarnan & Nicobar Islands Wakf Board.
II. Chairperson of Andaman & Nicobar
Islands Wakf Board.
7. Any other relevant statutory provisions Same as 5th
‘relied on, that has been derived direct from
any other Act of parliament or rules.
Regulations/ Bye Laws made under various
Articles of the constitution of India under
which the subject matter of Kabeeriya Masjid
is being acted upon/considered/dealt with by
the:
I. Andaman &Nicobar Islands Wakf Board.
I. Chairperson of Andaman & Nicobar
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Islands Wakf Board.
8. The details of competency/Authority/ Same as 5th
statutory powers conferred on the Andaman
& Nicobar Islands Wakf Board and its
chairperson based on which the;
I. Andarnan & Nicohar Islands Wakf Board.
IL. Chairperson ofAndaman & Nicobar
Islands Wakf Board – are involving
/interfering/acting in the affairs of Kabeeriya
Masjid.
9. The copy of entire file in the subject matter The correspondences made with the
of Kabeeriya Masjid that is being dealt by the Secretary Markaz Sakafathiya
Public Authority under whom you are the (Sunny) Wimberly Gunj by the
PlO showing the documentation in the Chairperson of the Wakf Board,
subject matter under reference ( The A&N Islands, the organization which
definition of file as contained in the is connected with the AP Group in
‘MANUAL OF OFFICE PROCEDURE’ of the matter of Kabeeriyya Masjid are
the DoPT anti as relied by the Hon’ble CIC enclosed as Annexure B,C.D,E and
in its decisions. As will be seen. Section 27 F.
of chapter II: ‘Definitions’. Pile means a
collection of papers on a specific subject
matter assigned a file number and
constituting of one or more 01 the following
parts, (a) Correspondence, (b) Notes, (c)
Appendix to correspondence, (d) Appendix
to notes.)
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The PIO was directed to provide information to the Appellant within 10 working days.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO despite FAA’s order.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent at NIC Center Port Blair.
Respondent: Mr. Asif Ali, CEO & PIO
The Respondent states that the information has been provided as per available records.
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Decision:
The Appeal is disposed.
The information available on record appears to have been provided.
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
27th October 2011
(In any correspondence on this decision, mention the complete decision number.)
(IN)
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