CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai, New Delhi 110067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/001232/3981
Appeal No. CIC/SG/A/2009/001232
Relevant Facts
emerging from the Appeal
Appellant : Mr. Harjeet Singh
B128, Pushpanjali Enclave,
Pitam Pura, Delhi 110034.
Respondent : PIO,
Govt. of NCT of Delhi,
Office of ADM,
Old Middle School Building
Rampura , Delhi 110035
RTI application filed on : 27/01/2009
RTI transferred to ADM North : 04/02/2009
Returned to PIO, Deputy Comm: 19/03/2009
First appeal filed on : 23/03/2009
First Appellate Authority order : 08/04/2009
Second Appeal received on : 15/05/2009
Information sought:
1. Certified Copy of relevant page of Peshi Register corresponding to document
registration no. 262, Book-I, Volume 2462. page 169 to 172 dated 29/01/1975.
2. Certified Copy of relevant page of Index Register corresponding to document
registration no. 262, Book-I, Volume 2462. page 169 to 172 dated 29/01/1975.
Grounds for first appeal: Non receipt of information: Order of
First Appellate Authority: ‘ Information should have been provided to the appellant
by PIO District North through SR-I. .. the present appeal is admitted and it is
hereby directed that certified copies of relevant pages of peshi register as well as
index register shall be supplied to the appellant within fifteen days.’
Grounds for Second Appeal: No information received inspite of the clear order
of the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Harjeet Singh
Respondent: Absent
The appellant states he has not received any information inspite of the clear order
of the FAA. The FAA had ordered that DC North should get the information from
the holder of information SR-I, Kashmere Gate and supply it to the appellant.
Decision:
The Appeal is allowed.
The PIO-ADM(North), O/o Dy. Commissioner (North), 1, Kirpa Narain Marg,
Delhi – 110045 will provide the information to the appellant before 15 July 2009.
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 is apparent that the PIO-ADM(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. 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 11 August 2009 at
11.30pm 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.
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, 2005.
Shailesh Gandhi
Information Commissioner
3 July 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(Rnj)
CC:
PIO-ADM(North),
O/o Dy. Commissioner (North),
1, Kirpa Narain Marg, Delhi – 110045