In the Central Information Commission
at
New Delhi
File No: CIC/SG/A/2011/001682
Date of Hearing : July 28, 2011
Date of Decision : July 28, 2011
Parties:
Applicant
Shri Ashok Kumar
S/o late Shri Mahaveer Singh
H.No.10, Pana Shiv Mandir Chaupal
Vill & Post - Nizampur
Delhi 110 081
The Applicant was not present during the hearing
Respondents
The Public Information Officer
Govt. of NCT of Delhi
O/o Chief Electoral Officer
Old St. Stephen's College Building
Kashmere Gate
Delhi 110 006
Represented by : None
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/SG/A/2011/001682
ORDER
Background
1. The Applicant filed an RTI Application dt.(Not clear) with the PIO seeking information relating to
Panchayat election of village Nizampur, Rasidhpur, Delhi held on 25.12.1983 including certified copy
of list of people who participated in said panchayat election. The PIO, BDO,Alipore replied on
30.3.11 stating the information sought is not available in the records. The Applicant filed an appeal
dt.1.4.11 with the Appellate Authority stating that information has not been received by him. Shri Amit
Singla, Appellate Authority replied on 3.5.11 directing the PIO to allow the Appellant to inspect the
records so that he can see for himself that information is not available. The Applicant however, filed
a second appeal dt.13.6.11 before CIC stating that he had gone for inspection on 7.6.11 and that the
information sought was not available in the records. He added that the Respondents had stated that
the records will only be provided once the CIC gives such an order since the Appellate Authority has
not asked the Respondents to provide the information.
Decision
2. It is not clear from the documents on record whether the information is available with the Public
Authority or not. In any event, the Deemed PIO is expected to provide information once the Appellate
Authority has allowed inspection of records. Be that as it may, the concerned officer is hereby
directed to provide information if available on record and if not, to inform the Appellant formally in
writing about nonavailability of information. The Appellate Authority may also enquire into the
Appellant’s complaint that he was denied the records since the AA has not ordered their disclosure.
The enquiry report as also the action taken based on the report may be intimated to the Appellant by
30 August, 2011.
3. The Commission ordered accordingly.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Ashok Kumar
S/o late Shri Mahaveer Singh
H.No.10, Pana Shiv Mandir Chaupal
Vill & Post – Nizampur
Delhi 110 081
2. The Public Information Officer
Govt. of NCT of Delhi
O/o Chief Electoral Officer
Old St. Stephen’s College Building
Kashmere Gate
Delhi 110 006
3. The Appellate Authority
Govt. of NCT of Delhi
O/o Deputy Commissioner
District North West
Kanjhawala
Delhi
4. Officer in charge, NIC
In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTI Act, giving
(1) copy of RTI application, (2) copy of PIO’s reply, (3) copy of the decision of the first Appellant Authority, (4) copy
of the Commission’s decision, and (5) any other documents which he/she considers to be necessary for deciding
the complaint. In the prayer, the Appellant/Complainant may indicate, what information has not been provided.