CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/000101/2676
Appeal No. CIC/SG/A/2009/000101
Relevant facts emerging from the Appeal:
Appellant : Mr. Kishan Lal Bansal,
9361, Gaushala Marg, Kishan Ganj,
Delhi-110006.
Respondent : PIO, (Factory Licensing Deptt.),
Municipal Corporation of Delhi
Nigam Bhawan, Kashmere Gate,
Delhi-110006.
RTI application filed on : 12/08/2008 PIO's Reply : 03/09/2008 First Appeal filed on : 08/09/2008 First Appellate Authority order : 21/10/2008 Second Appeal filed on : 16/01/2009
The appellant had asked in RTI application for supply the certified copy of charge
list of record maintained at the time of taking and handing over the charge of record by the
respective record keepers since 1995 to till date?
S. No. Information sought. The PIO replied.
1. Please state that which reply is correct from the replies The question asked by you
dated 14.03.2008 and 11.07.2008 given by you in I.D. does not construed
No. 299/ADC/FL, as vide reply dated 14.03.2008 it was information under RTI Act,
stated by you that no charge list was prepared and vide 2005.
reply dated 11.07.2008 it was stated by you that not
traceable inspite of best efforts?
2. As you have stated in your reply no. The question asked by you
AO/FL/08/1295/GC/08 dated 14.03.2008 that due to does not construed an
large numbers of files in record no file wise charge list information under RTI Act,
was prepared, so please state that there is any 2005.
circular/office order/notification which prohibits to
made and maintain the charge list of hand over/take
over of record in case of files in record? If yes, please
provide the copy of the same?
First Appellate Authority Ordered:
“It is undisputed that the charge list ought to have been prepared by the respective record
keepers at the time of handing over/taking over the charge of record keeper. This, however, seems
not to have been done.
I, therefore, direct PIO (FL)/AC (CL&EC) to call the explanation of all the record keepers
who have worked in the department since 1995, as per the list provided to the appellant and the
present keeper should be asked to prepare the inventory of the files available in the record with the
assistance, if required, of earlier, the certified copy of the charge list, so prepared, may be
provided to the appellant. This exercise must be completed within one week.”
Relevant facts emerging during hearing:
The following were present.
Appellant: Mr. Kishan Lal Bansal
Respondent: Mr. R. P. Agarwal PIO; Mr. G.K. Khanna Supdt. Factory licencing dept.
The respondent admits that they do not have a list of files at all and inspite of the order of Mr.
Rajesh Prakash Add. Deputy Commissioner (Factory licencing) having given an order on
21/10/2008 to prepare the list of files in one month, the work has not been completed. Mr. G. K.
Khanna states that they are doing the job but cannot commit when the work will be over. The
implication is that Mr. Rajesh Prakash Add. Deputy Commissioner (Factory licencing) had no
idea about the extent of the work.
In view of this pathetic state of affairs the Additional Commissioner -Revenue Mr. P.S. Tomar is
directed to make a report on when the work would be over and the information provided to the
appellant.
The appellant contends that his first query alleged that false information was given to him against
two RTI applications. The Commission has looked at both and finds that in both cases the same
reply has been given. In one answer the PIO has written has tried to explain the reasons for the
non-existence of the charge list and in the second he has stated that the charge list is not traceable
Both have provided the same information that the charge list is not in existence.
The appellant insists that the penalty must be imposed on the PIO. The Commission does not see
any merit in this demand.
Decision:
The Appeal is allowed.
The Additional Commissioner- Revenue will give a report as described above to the Commission
and the appellant before 30 April 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
9th April, 2009
(In any case correspondence on this decision, mention the complete decision number.)