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Mr. Jagat Singh Nagar vs Govt. Of Nct Of Delhi on 26 March, 2010

Central Information Commission
Mr. Jagat Singh Nagar vs Govt. Of Nct Of Delhi on 26 March, 2010
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796

                                                  Decision No. CIC/SG/A/2010/000128/6952Adjunct
                                                                Appeal No. CIC/SG/A/2010/000128

Relevant Facts

emerging from the Appeal:

Appellant                            :        Mr. Jagat Singh Nagar
                                              186,Village mandawali,Fazalpur
                                              Delhi-110092

Respondent                           :       Public Information Officer
                                             Dy. Secretary(LA)
                                             Govt. of NCT of Delhi
                                             D-Block, Vikas Bhawan
                                             New Delhi-110002

RTI application filed on             :       07/07/2009
PIO replied                          :       12/08/2009
First appeal filed on                :       17/08/2009
First Appellate Authority order      :       15/09/2009
Second Appeal received on            :       13/01/2010
Date of Notice of Hearing            :       21/01/2010
Hearing Held On                      :       24/02/2010

Information sought:

1. The inspection of the files specified in the application.

2. The copy of the schedule Sr. no. “village Mandawali, Fazalpur (40)” published in Part-sec.3,
Sub-sec. II of the Gazette of India on 24/08/1974, Bhabra 2, 1896,page 2333 in Hindi and 2334
in English of Ministry of Works and Housing, Delhi.

3. S.O. 2190 whereas the terms and conditions upon which nasal lands specified in the schedule
will be taken over.

PIO’s reply:

The Appellant was requested to inspect the files on any working day.

Grounds for First Appeal:

Incomplete inspection was allowed by the PIO.

Order of the FAA:

The PIO was directed to get the remaining files traced out and to allow the inspection to the Appellant
within the period of 15 days.

Ground of the Second Appeal:

No inspection was allowed by the PIO even after order of FAA.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Mr. Jagat Singh Nagar;

Respondent : Absent;

The Appellant had sought inspection of 7 files listed in his RTI Application. He states that the
inspection was not given to him and inspite of the order of the First Appellate Authority inspection was
not given to him.

Decision dated 24/02/2010:

The Appeal was allowed. The Commission directed the PIO to bring all the files to the
Commission’s office on 25 March 2010 at 10.00AM where the Appellant will inspect the files. The
Appellant will tag the records for which he wants photocopies will be provided to him by the PIO duly
attested subsequently. The issue before the Commission is of not supplying the complete, required
information by the PIO within 30 days as required by the law. A showcause notice was being
issued to him, and he was directed to present himself before the Commission at the above address on
01 April 2010 at 10.30am alongwith his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20 (1).

Adjunct decision announced on 26/03/2010:

The PIO & Dy. Secy. (LA), Mr. Bhupender Singh and the APIO & O.S. (LA), Mr. R.K. Saini had
brought 8 files to the Commission’s office for inspection on 25/03/2010. The Appellant inspected all
the 8 files and stated that he has received complete information regarding query no. (ii) of the RTI
application dated 07/07/2009. However, the Appellant had further stated that the records regarding
query no. (i) and (iii) to (vii) had not been provided to him.

The Commission directs the PIO & Dy. Secy. (LA), Mr. Bhupender Singh to facilitate inspection of
relevant records regarding query no. (i) and (iii) to (vii) to the Appellant before 20/04/2010. If some
files are missing then a Police Complaint will be filed giving the names of the officers who last
handled the file, a copy of which will be given to the Appellant and the Commission before
25/04/2010. If a Police Complaint has already been filed with regard to certain files, the same should
be given to the Appellant and the Commission before 25/04/2010. An inspection report will be
prepared which will list the files that have been provided to the Appellant for inspection. A categorical
statement will be made by the PIO that he has no further records with regard to the information sought
by the Appellant, other than that made available during inspection. This report must be sent to the
Commission by 25/04/2010.

The show cause hearing that was originally scheduled for 01 April 2010 at 10:30 am has been re-
scheduled. The Commission has therefore decided to schedule the show cause hearing on 28/04/2010
at 12.00 p.m. The PIO & Dy. Secy. (LA), Mr. Bhupender Singh is therefore directed to appear before
the Commission on 28/04/2010 along with his written submissions to show cause why penalty should
not be imposed on him under Section 20 of the RTI Act. He is directed to produce before the
Commission any document he may have relied on in your written submissions. If there are other
persons responsible for the delay in providing the information who have not been included in this show
cause notice, he is directed to serve this show cause to them and direct them to appear before the
Commission on 28/04/2010 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
26 March 2010
(In any correspondence on this decision, mention the complete decision number.)(VA)

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