CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000056/11441
Appeal No. CIC/SG/A/2011/000056
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Harish Kumar
628/3, Shivaji Road
Pul Mithai
Delhi-110006
Respondent : Mr. Vijay Bhardwaj
Public Information Officer & SDM (Civil Lines)
Revenue Department
Government of NCT of Delhi
District- North, 1, Kripa Narain Marg
New Delhi-110054
RTI application filed on : 23/06/2010
PIO replied : Not provided.
First appeal filed on : 23/08/2010
First Appellate Authority order : 26/11/2010
Second Appeal received on : 04/01/2011
S.No Information sought by the appellant Reply of the PIO
1. Provide attested copies of the letters sent to Dy. Commissioner dated Application was
3/6/2010, Principal Secretary revenue dated 3/6/2010, Sub Divisional transferred.
Magistrate Sadar Bazar dated 3/6/2010, Sub Registrar-1 Kashmiri
Gate dated 03/06/2010 and details of action taken on these
applications.
2. Provide details of action taken on below mentioned application Same as above.
written to these officials along with attested copies of the same
written to Principal Secretary, Addl. Secretary, Dy. Commissioner
(North), Additional Divisional Magistrate (North), Sub. Divisional
Magistrate (Sadar Bazar), Sub Registrar -1 (Kashmiri Gate)
3. Provide Succession certificate submitted in Sub. Registrar-1 office as Same as above
per judgment dated 30/11/2007
4. In case it is not in the above mentioned office then provide attested Same as above
copy of the order to register sale deed proceeds as per judgment dated
30/11/2007 and make the above information available on the website
of the department.
5. Provide information about basis on which Sub. Registrar can make Same as above
Sale deed registered and documents required for the same.
6. Provide information about ways in which documents for above Same as above
mentioned purpose are checked after it is submitted in the office and
way in which Sale deed is registered thereafter and kindly make this
information available on the website.
7. Provide photocopies of the documents of Sale Deed no. 1697, Same as above
Property no.632, Shivaji Road, Pul Mithai, Delhi
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8. Provide information about all the officials at the Sub. Registrar -1 Same as above
office along with their names, designation, contact numbers and make
this information available on the website.
9. Provide information about first appellate authority. Same as above
First Appeal:
Reply was not provided by the PIO.
Order of the FAA:
“PIO District- North is directed to furnish all the information to the appellant within 04 weeks, if the
matter pertains to their jurisdiction. For the remaining RTI application be transferred to the PIO
concerned.”
Ground of the Second Appeal:
Reply was not provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Harish Kumar;
Respondent : Mr. Vijay Bhardwaj, Public Information Officer & SDM (Civil Lines); Mr. Manoj
Kumar, Sub-Registrar-I, Old Court Complex, Kashmere Gate, Delhi;
The RTI application had been made to SDM-IV(HQ) on 23/06/2010. SDM-IV(HQ) Mr.
Shyam Sunder transferred the RTI application on 30/06/2010 to PIO District North. It appears that
PIO District (North) Mr. Raj Kumar took no action on this matter and forgot all about this application.
However, PIO & ADM(North) transferred the RTI application on 07/01/2011 by a letter no. RTI/ID
No/2010/RTI/REV/35 to SDM(Civil Lines).
From the papers before the Commission it appears that the FAA’s order on 26/11/2010 was also
treated in complete contempt by PIO District North. It is apparent that no significant information has
been provided to the Appellant. The Commission directs PIO Mr. Vijay Bhardwaj to ensure that
information relating to Point-A & B about the letter given to SDM(Sadar Bazar) on 03/06/2010 and
the action taken on it is sent to the Appellant before 30 March 2011. The Commission also directs Mr.
Manoj Kumar Sub-Registrar-I information on the same matter on the letter received on 03/06/2010 at
Sub-Registrar-I Kashmere Gate office before 30 March 2011. Both the Respondents will provide the
photocopies of the letter and the progress of the action taken on it in the following format:
Date on which Name and designation of Action Date on which forwarded to
letter received The officer receiving it. taken Next officer/office.
*there will be as many rows as the number of officers who handled the letter.
The certified copy of the sale deed has been provided to the Appellant before the Commission.
Decision:
The Appeal is allowed.
Both the Respondents Mr. Vijay Bhardwaj and Mr. Manoj Kumar are directed to
provide the complete information as directed above to the Appellant before 30 March
2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO District North within 30 days as required by the law.
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From the facts before the Commission it appears that the PIO District North 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. 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.
The PIO District North will present himself before the Commission at the above address on
23 March 2011 at 03.00pm alongwith his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20 (1). He will also bring the information sent to
the appellant as per this decision and submit speed post receipt as proof of having sent 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
14 March 2011
(In any correspondence on this decision, mention the complete decision number.) (AP)
CC:
To,
Mr. Raj Kumar
PIO District North
Revenue Department
Government of NCT of Delhi
District- North, 1, Kripa Narain Marg
New Delhi-110054
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