CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor, Block IV,
Old JNU Campus, New Delhi -110 066.
Tel: + 91 11 26161796
Decision No. CIC/WB/A/2007/01023/SG/00129
Appeal No. CIC/WB/A/2007/01023
Relevant Facts
emerging from the Appeal
Appellant : Mr. Naresh Kumar Gupta
A/32, South Extension, Part – III
New Delhi – 110049
Respondent 1 : Mr. A.K. Ambasht
& Public Information Officer under RTI,
Act 2005
Municipal Corporation of Delhi
Assessment & Collection Department
Ring Road, Lajpat Nagar – III
New Delhi
RTI filed on : 08/03/2007
PIO replied : 29/03/2007
First appeal filed on : 04/05/2007
First Appellate Authority order : 25/05/2007
Second Appeal filed on : 05/09/2007
The detail of information required:
S.No. Information Sought Information Given
1. Copy of all papers bearing a date after the It is informed that, you may collect the copies
death of our father (i.e. January 3rd, 1990) in of documents as asked for at S.No. 1 & 3 of
the file of property A/32, south Extension, appellant application. In this regard, you may
Part -II, New Delhi -110049 excluding the contact Sh. Mukesh Kumar Sharma, AA&C
mutation (done on July 5th, 2006) related (Vig), Lajpat Nagar, Dead Quarter. The
papers. copies of noting side asked at S.No. 2 cannot
be given.
2. Copy of all papers from the official notes -do-
file pertaining to the aforesaid property (i.e.
the file having copy of Mr. Hira Lal’s reply
and other papers).
3. Copy of all papers in the files of property B- -do-
100, Okhla Industrial Area, Phase – I, New
Delhi-110020
The First Appellate Authority ordered:
The appellant had filed the appeal since the PIO refused to provide copies of the noting
portion. In this regard, it is stated that MCD has already sought clarification in respect of
providing noting portion to citizen seeking information from under Secretary, GIO,
Department of Personnel, and Pubic Grievance & Pension and also from Additional
Registrar, Central information Commission. The matter is being expedited and on receipt of
a confirmation from C.I.C. the case will be further taken up. PIO may also take up matter
with Addl. Commissioner (HQ).
Appeal stands disposed off.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Naresh Kumar Gupta
Respondent: Mr. R.K.Gupta present PIO representing Mr. A.K. Ambasht
The appellants say that the issue for the appeal is that the file notings have not been given to
them. The respondents have brought the file notings and have raised an issue that some Police
investigations are going on in this matter. The respondents were asked if the Police
investigations were in motion at the time of the RTI application. They are saying they do not
know. The Commission also enquired from the respondents if they could give any arguments
to show that releasing these notings could impede the process of investigations. They are not
able to offer any convincing arguments on this matter.
The appellants want compensation for the harassment they have been through due to the
departments actions.
T
Decision:
In view of this the File notings will have to be provided.
The appeal is allowed.
The PIO will send the certified copy of the File notings until the date of the RTI application
to the appellant by Speed post before 6 November 2008.
The respondent submits that as per RTI application 3 March, 2007 and as per question no. 1
the file noting was asked in respect of property bearing number A/32, South Extension,Part-II
New Delhi and till the period 5th July, 2006.
The Commission is distressed at the fact that the respondent does not seem to understand that
PIO had caused great distress to the appellant by not furnishing information on time. The
object of the RTI is to provide transparency to the citizen. The Public Authority had not done
this and even now seeks to avoid giving information. If the Commission find that the
information has not been provided adequately, as per spirit of the Act it will pass orders for
awarding compensation to the appellant and institute penal proceedings.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
23 October, 2008
Decision No. CIC /WB/A/2007/01023/SG/0129
Appeal No. CIC/WB/A/2007/01023/