CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002438/9508
Appeal No. CIC/SG/A/2010/002438
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Nand Kishore,
S/o Late Shri Net Ram,
R/o Village Shikarpur,
Post Office Daulat Pur,
New Delhi- 110048
Respondent : Public Information Officer & Sub-
Divisional Magistrate (Najafgarh),
Government of National Capital Territory of
Delhi,
SDM Office Complex, Najafgarh, New
Delhi- 110043
RTI application filed on : 16/01/2009 (copy not enclosed) and
01/02/2010
PIO replied on : 13/02/2009
First Appeal filed on : 10/03/2010
First Appellate Authority order of : 01/04/2010
Second Appeal received on : 01/09/2010
Information Sought (as per RTI application dated 01/02/2010):
1. Present status of the process of checking the records of khasra nos. 29//2(4-
16),23(4-16),30//1(4-16),2(5-8),9(4-16),10(4-16),11(4-16),12(4-5),19(3-13),20(4-
16); and
2. Copy of the administrative order in which any restrictions for recording of the
Khasra Giradwari in the Gram Sabha land.
Reply of the Public Information Officer (PIO):
The process of checking of the said khasra nos. is under consideration.
Grounds for the First Appeal:
No information was provided by the PIO.
Order of the First Appellate Authority (FAA):
The information as available on record may be provided to the Appellant.
Grounds for the Second Appeal:
No information was provided by the PIO despite the order of the FAA.
Decision:
The Commission has perused the documents submitted by the Appellant. The FAA has
given a clear order dated 01/04/2010 directing the PIO/SDM (NG) to provide the
Appellant with the information available on record. It appears that neither the Appellant
is satisfied with the order of the FAA nor has he been provided with the information
requested for despite the order of the FAA. The Commission therefore directs the
PIO/SDM (NG) to provide the information requested for by the Appellant. Denial of
information to an Appellant under the RTI Act can only be done if what is sought is not
“information” as defined under Section 2(f) of the RTI Act or is exempt under Section
8(1) of the RTI Act. The PIO/SDM (NG) has neither claimed that it is not “information”
nor has he claimed that it is exempt under Section 8(1) of the RTI Act.
The Appeal is allowed. The PIO/SDM (NG) is directed to provide the complete
information requested by the Appellant before October 18, 2010.
From the facts before the Commission it is apparent that the PIO/SDM (NG) is guilty of
not furnishing information within the time specified under Section 7(1) by not replying
within 30 days as per the requirement of the RTI Act. He has further refused to obey the
orders of the FAA, which raises a reasonable doubt that the denial of information may
also be mala fide. The FAA has clearly ordered the information available on record to be
given. It appears that the actions of the PIO/SDM (NG) attract the penal provisions of
Section 20(1) of the RTI Act. A show cause notice is being issued to him and he is
directed to 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 November 24,
2010 at 11:00 am along with his written submissions showing cause why penalty should
not be imposed on him as mandated under Section 20(1) of the RTI Act. He will also
submit proof of having given the information to the Appellant. If there are other persons
responsible for the delay in providing the information to the Appellant and for not
complying with the order of the FAA, the PIO/SDM (NG) is directed to inform such
persons of the show cause hearing and direct them to appear before the Commission with
him.
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
September 27, 2010
(In any correspondence on this decision, mention the complete decision number.) (SS)