CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/003378/10937Adjunct-I
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)
O/o SDM (Narela),
At MPCC Building, Naya Bans (Iradat Nagar),
Delhi- 110083
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 held on January 13, 2011:
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 dated January 13, 2011:
The Appeal was 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.”
Relevant facts emerging at the show cause hearing held on January 31, 2011:
The following were present:
Appellant: Absent;
Respondent: Dr. B. M. Mishra, PIO & SDM (NL) and Mr. Ashok Sharma, Naib Tehsildar.
“The Respondents stated that further to the order of the Commission dated 13/01/2011, the requisite
information was sent to the Appellant vide letter dated 14/01/2011. The information provided appears to
be complete.
Dr. B. M. Mishra stated that the FAA, vide its order dated 15/10/2010, had clarified the information
sought in query 3 of the RTI application and directed the PIO & SDM (NL) to provide the requisite
information on query 3 to the Appellant within 15 days. Dr. Mishra received the order of the FAA on
19/10/2010 and sought the assistance of Mr. P. M. Meena, Tehsildar, Mr. R. S. Mokha, Sub- Registrar VI-
B and Mr. Tribhuwan Kumar, Dealing Assistant on 20/10/2010. On receipt of the Commission’s hearing
notice dated 13/12/2010, Dr. Mishra noted that Mr. P. M. Meena had further marked the order of the FAA
to the Dealing Assistant on 20/10/2010. Certain information was provided to the Appellant pursuant to the
order of the FAA vide letter dated 21/10/2010. Dr. Mishra stated that the reply dated 21/10/2010 was
signed by Mr. P. M. Meena and sent to the Appellant, and was not brought to his knowledge. The
Commission noted that the reply dated 21/10/2010 was completely irrelevant.”
Adjunct Decision dated January 31, 2011:
“In view of the aforesaid, the Commission hereby directs Dr. B. M. Mishra, PIO & SDM (NL) and Mr. P.
M. Meena, APIO & Tehsildar to appear before the Commission on March 14, 2011 at 12:30 pm along
with their written submissions to show cause why penalty should not be imposed on them under Section
20 of the RTI Act. Dr. B. M. Mishra, PIO & SDM (NL) and Mr. P. M. Meena, APIO & Tehsildar are
directed to produce before the Commission any relevant document that they may have relied on in their
written submissions. If there are other persons responsible for not complying with the order of the FAA
and who have not been included in this show cause notice, Dr. B. M. Mishra, PIO & SDM (NL) and Mr.
P. M. Meena, APIO & Tehsildar are directed to serve this show cause to them and direct them to appear
before the Commission on 14/03/2011 along with them.”
Relevant facts emerging at the show cause hearing held on March 14, 2011:
The following were present:
Respondents: Dr. B. M. Mishra, PIO & SDM (NL), Mr. Manoranjan Kumar, Naib Tehsildar on behalf of
Mr. P. M. Meena, Deemed PIO & Tehsildar and Mr. Prem Prakash, UDC & Reader to SR- VIB.
Based on the submissions of the Respondents, the Commission observed that Mr. P. M. Meena had
prepared the reply dated 21/10/2010 and sent the same to the Appellant. The reply dated 21/10/2010 was
completely irrelevant and was not brought to the knowledge of Dr. B. M. Mishra before being sent to the
Appellant. Dr. B. M. Mishra stated that during the relevant period, the roof of his office collapsed and
consequently, he was constantly involved with the DC office in the task of setting up his office at a fresh
location. Therefore, he was seldom available or present and as a result, Mr. P. M. Meena was unable to
get the reply dated 21/10/2010 reviewed by Dr. B. M Mishra before sending the same to the Appellant.
The Commission is not satisfied with the submissions of the Respondents. Mr. P. M. Meena, being the
APIO & Tehsildar should have applied his mind before furnishing the reply dated 21/10/2010. However,
he failed to do so. Moreover, Mr. P. M. Meena failed to appear before the Commission on 14/03/2011 as
he was on casual leave.
Adjunct Decision:
In view of the aforesaid, the Commission hereby directs Mr. P. M. Meena, APIO & Tehsildar to appear
before the Commission on April 1, 2011 at 11:30 am along with his written submissions to show cause
why penalty should not be imposed on him under Section 20 of the RTI Act. Mr. P. M. Meena, APIO &
Tehsildar is directed to produce before the Commission any relevant document that he may have relied on
in his written submissions. If there are other persons responsible for not complying with the order of the
FAA and who have not been included in this show cause notice, Mr. P. M. Meena, APIO & Tehsildar is
directed to serve this show cause to them and direct them to appear before the Commission on 01/04/2011
along 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
March 14, 2011
CC: Mr. P. M. Meena, APIO & Tehsildar (through Dr. B. M. Mishra, PIO & SDM).
(In any correspondence on this decision, mention the complete decision number.) (ns)