CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/003378/10937
Appeal No. CIC/SG/A/2010/003378
Relevant Facts
emerging from the Appeal
Appellant : Mr. Dhruv Kumar Sharma,
S/O Sh. Brijesh Kumar Sharma,
R/O3/139, 1ST Floor, Sunder Vihar,
Outer Ring Road,
Delhi 100087
Respondent : Dr. B. M. Mishra
Public Information Officer &
Sub-Divisional Magistrate (Narela)
Govt. of NCT of Delhi
MPCC, Village Naya Bass,
Narela, Delhi
RTI application filed on : 29/07/2010
PIO replied : 13/08/2010
First appeal filed on : 20/09/2010
First Appellate Authority order : 29/09/2010
Second Appeal received on : 15/10/2010
Information Sought:
1. Correct address of Khasara no. 285,286,294,297,297/1 situated in the area of village Sahibabad
Daulatpur Delhi State.
2. Measurement of the above mentioned Khasara.
3. Jurisdictional area to register these pieces of land in individual names of the said
Khasara.
Reply of PIO:
PIO gave 285(5-14besesa),286(5-14),294(2-7),297(6-2),297(6-0) and attached the khatoni’s register’s
photocopy.
First Appeal:
Unsatisfactory and absurd information.
Order of the FAAs Order:
Since appellant’s question number 3 regarding the jurisdictional area for registration of the land has not
been answered in a satisfactory way PIO/SDM(NL) has to supply the information within 15 days.
Reply of the CPIO (After the FAA’s order):
A hearing been fixed in the chamber of the Deputy Commissioner (North West)/First appellate authority
under RTI,2005 in room no 1DC Office complex Khanjawala,Delhi 110038 ON 8-10-10.
Ground for the Second appeal:
No concrete actions have been taken and a vague information and a sizzra plan has been resent.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Dhruv Kumar Sharma;
Respondent : Mr. Ashok Sharma, NT on behalf of Dr. B. M. Mishra, PIO & SDM (Narela);
The First Appellate Authority (FAA) had clearly directed, “PIO/SDM(NL) is directed to supply
the correct information of query no. 03 i.e. the concerned Sub-Register within 15 days under intimation to
this office”. Inspite of this very clear order the PIO sent a copy of the Cizra Plan to the Appellant. The
FAA had clearly instructed that the name of the Sub-Registrar should be intimated to the Appellant, but
this was not done.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information about the name and address of the
Sub Registrar concerned to the Appellant before 15 January 2011.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it appears that the 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. He has further refused to obey the orders of his superior officer, which raises
a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has
clearly ordered the information to be given.
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.
He will present himself before the Commission at the above address on 31 January 2011 at 12.00pm
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He will also submit proof of having given the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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 January 2011
(In any correspondence on this decision, mention the complete decision number.) (ns)