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Decision No. CIC/SG/A/2009/002215/5275
Appeal No. CIC/SG/A/2009/002215
Relevant Facts
emerging from the Appeal:
Appellant : Mr. I. K. Saini
A-70, Second Floor,
NDSE- II,
New Delhi - 110049
Respondent : Mr S.C.Tyagi,
Public Information Officer & Dy. Secretary
PCG, Government of NCT of Delhi.
M Block, Vikas Bhawan, IP Estate,
New Delhi - 110001
RTI application filed on : 16/03/2009
PIO replied : Not enclosed.
First appeal filed on : 25/04/2009
First Appellate Authority order : 25/06/2009
Second Appeal received on : 02/09/2009
Information Sought:
Duplicate copy of the order of the Chairman and Member (FT), File noting, reply of the
complaint dated 13/12/2008, copy of delivery slips for proof of delivery of letters.
Reply of the PIO
Not enclosed.
First Appeal:
Non receipt of complete information from the PIO.
Order of the FAA:
The FAA in its order mentioned that the delivery of papers to the appellant has been sent by
speed post. The proof of delivery was provided by the PIO but the proof of delivery/service of
notices served to the appellant had not been made available to the appellant.
The FAA further directed the PIO to write a letter to M/s Blazeflash Couriers to make available
the proof of delivery of notices to the appellant within 15 days and provide the same to the
appellant within one week after receiving it.
Ground of the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. I. K. Saini;
Respondent: Mr S.C.Tyagi, Public Information Officer & Dy. Secretary;
The PIO has given some of the information but has not provided the file notings of file no.
PGC/08/F&S/MFT/141/20683. No exemption has been claimed for not giving this information.
The PIO is warned not to withhold any information under RTI Act unless it is exempted under
Section 8(1) of the RTI Act.
Decision:
The Appeal is allowed.
The PIO is directed to provide file notings of file no. PGC/08/F&S/MFT/141/20683 to the
Appellant before 05 November 2009.
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
29 October 2009
(In any correspondence on this decision, mention the complete decision number.)(RR)