Central Information Commission Judgements

Mr.Om Prakash Maglani vs Government Of Nct Of Delhi on 12 October, 2010

Central Information Commission
Mr.Om Prakash Maglani vs Government Of Nct Of Delhi on 12 October, 2010
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                                                              Decision No. CIC/SG/A/2010/002391/9740
                                                                     Appeal No. CIC/SG/A/2010/002391

Relevant Facts

emerging from the Appeal:

Appellant                             :      Mr. Om Prakash Maglani
                                             180, Ram Nagar Extn
                                             Near Krishna Nagar
                                             Delhi-110051

Respondent                            :      Mr. Satish Kumar
                                             Public Information Officer & VATO
                                             Department of Trade & Taxes
                                             Government of NCT of Delhi
                                             Vyapar Bhawan, IP Estate
                                             Delhi-110002

RTI application filed on              :      20/05/2010
PIO replied                           :      18/06/2010
First appeal filed on                 :      25/06/2010
First Appellate Authority order       :      22/06/2010
Second Appeal received on             :      27/08/2010

Information Sought:

The appellant sought information about M/s Maglani Brothers, 4A, New Qutub Road, Delhi 110006.
He has stated that this was a proprietary concerned of his late father Mr. Dinanath Maglani.

1. When was the firm registered for the first time with DVAT(sales Tax) Department.

2. Name of the first proprietor.

3. Date of the death of the first registered proprietor.

4. Date on which the name of the proprietor was changed in the records of the department.

5. Name of the legal heir who was brought on record in place of the deceased proprietor and his
relation to the deceased proprietor.

6. What documents were taken on the record in support of changing the name of the proprietor in the
records of the department.

7. Whether any other legal heirs at any time file any objections to the change in name of proprietor of
the firm.

8. The postal order for the application fee amount of Rs. 10/- was no.77E 333743.

9. To provide the certified copies of the documents taken on the record in support of changing the
name of proprietor of the firm.

Reply of the Public Information Officer (PIO):

1. 01/11/1951.

2. Mr. Dina Nath Maglani.

3. Mr. Dina Nath Maglani expired on 24/08/1984.

4. W.e.f 25/08/1984 Mr. Santosh Kumar Maglani joined as proprietor.

5. Not available.

6. Not available.

7. Not available.

8. Not available.

9. Not available.

Grounds for the First Appeal:

The PIO had stated that the information was not provided relates to more than 25 years old. The PIO was
instructed to provide the pending requisite information.

Order of the First Appellate Authority (FAA):
The appellant further requested during the hearing for the inspection of the documents. The request for the
inspection for the documents was accepted.

Grounds for the Second Appeal:

Unsatisfactory reply of the PIO.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. Om Prakash Maglani;

Respondent: Mr. Nagesh Kumar, AVATO on behalf of Mr. Satish Kumar, PIO & VATO;

The respondent has brought the relevant file and shown it to the appellant. In this file certain
documents of 1984 which the appellant wants are missing according to him. The appellant states that he
would like to inspect the relevant files.

Decision:

The Appeal is allowed.

The PIO is directed to facilitate an inspection of the relevant records by the appellant
on 12 October 2010 from 02.00PM onwards. The PIO will give attested photocopies of
records which the appellant wants free of cost upto 100 pages.
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
12 October 2010
(In any correspondence on this decision, mention the complete decision number.)(AM)