Mr.Mange Ram vs Government Of Nct Of Delhi on 18 March, 2011

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Central Information Commission
Mr.Mange Ram vs Government Of Nct Of Delhi on 18 March, 2011
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                            Decision No. CIC/SG/A/2011/000101/11537
                                                                    Appeal No. CIC/SG/A/2011/000101
Relevant Facts

emerging from the Appeal:

Appellant                             :       Mr. Mange Ram
                                              S/0 Shri Jage Ram
                                              VPO Dhansa, New Delhi-73

Respondent                            :       Mr. Ashish Mohan
                                              PIO & SDM (NG)
                                              Revenue Department, Govt. of NCT of Delhi
                                              BDO Office Complex, Old Roshanpura
                                              Najafgarh, New Delhi-43

RTI application filed on              :       19.08.2010
PIO replied                           :       22.09.2010
First appeal filed on                 :       24.09.2010
First Appellate Authority order       :       26.10.2010
Second Appeal received on             :       10.01.2011

Information sought by the Applicant:           The applicant had written a letter dated 11.03.2010 to

District South-West, Kapashera, New Delhi-37 to comply with High Court order and rectify the mistake
in the revenue records of the khata of Sh. Hoshiar Singh. After five months of this letter the applicant
filed RTI dated 19.08.2010 requesting information regarding action taken and directions given with
regard to his letter to the authority. He also sought the stage of action and names of concerned officers
with whom the matter lay.

Reply of the PIO: The PIO replied that the relevant application has not been available in his office.
However your revenue record is in the process of being rectified by the P-7 and efforts are being made to
complete the requisite action in a quick manner.

Grounds of First Appeal:

Reply was unsatisfactory

Order of the FAA:

Even though the representative of PIO/SDM (NG), on 18.10.2010, assured that a lot of work with regard
to correction requested by the appellant had taken place the appellate authority on 25.10.2010 found that
no tangible progress had been made by the PIO/SDM (Najafgarh) in the matter and ordered the SDM
(Najafgarh) to personally call all the records of the case and take action as per the law. Also that a final
view on the subject matter must be taken within 30 days of the order.

Ground of the Second Appeal:

First Appellate Authority’s order has not been complied with even after two and half months and the
appellant requests to be furnished with a copy of the action and the final decision taken on the matter by
the office of SDM (Najafgarh), as ordered by the FAA.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Mr. Mange Ram;

Respondent : Mr. Amod Bharthwal, Tehsildar on behalf of Mr. Ashish Mohan, PIO & SDM;

The Appellant has pointed out that the revenue record relating to his land has been tampered with
an overwritten. The Respondent admits that this has occurred and has made a report regarding this. The
Respondent states that he has given this in writing to the Appellant. This evidently means that a forgery
has been done and a fraud has been committed by some employee. The PIO states he has given this
information to the Appellant and that this cannot be corrected by the Tehsildar or SDM. The Respondent
states that the appellant must file an appeal with the Financial Commissioner (Govt. of NCT of Delhi)
who will then remand back the case to the consolidation officer who will then make the necessary
correction. It seems very odd that for an irregularity and fraud committee in a government office the
citizen must go about like a beggar from pillar to post to get a correction of an admitted overwriting and
tampering.

The Commission directs the PIO to send the records with a copy of this order to the Financial
Commissioner before 25 March 2011. The Commission requests the Financial Commissioner to take
corrective action on this matter so that the citizen does not feel he is dealing with an alien government.

Decision:

The Appeal is disposed.

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
18 March 2011
(In any correspondence on this decision, mention the complete decision number.) (RJ)

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