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Decision No. CIC/SG/A/2010/002765/10362
Appeal No. CIC/SG/A/2010/002765
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Om Prakash,
Village and Post Office Tikiri Khurd,
Delhi- 110040
Respondent : Dr. B. M. Mishra
Public Information Officer & SDM (Narela),
O/o Sub Divisional Magistrate,
Revenue Department, GNCTD
Narela at Alipur, District North West,
Delhi- 110036
RTI application filed on : 21/04/2010
PIO replied on : 22/05/2010
First Appeal filed on : 22/06/2010
First Appellate Authority order of : 03/08/2010
Second Appeal received on : 30/09/2010
Sl. Information Sought Reply of the PIO
1. Attested copies of the case having File no. 09/SDMNL/09 along Certified copy can be obtained by
with all annexure, reports and order sheets. applying through CA I Form.
2. Records containing the dates of hearing held to dispose off the There is no limitation.
matter till the date of filling of the Right to Information
application along with attested copies of the cause list of the
hearing.
3. Action taken as mentioned in reply to question no.6 of the RTI The case is still pending in the
application filed on 09/04/2009. court of RA SDM, Narela.
4. (i) Whether the Office of the SDM has received letters written by No reply.
the Appellant dated 29/01/2009, 11/02/2010 and 26/03/2009.
(ii) If the above mentioned letters were received then attested
copies of the same.
(iii) Whether the contention of Shri Harpal Singh, Ex.-Engineer,
Narela that no response was received from SDM, Alipur is true.
(iv) Name and designation of the Officer who received the above
mentioned letters.
(v) Name and designation of the Officer who placed the letters
before the SDM, Narela and if the letters were not placed then
reasons recorded for the same.
(vi) Officer to whom the aggrieved should approach in case the
letters were received but not placed before the SDM, Narela.
(vii) Reasons for not responding to the letters addressed to the
SDM, Narela.
Grounds for the First Appeal:
Unsatisfactory reply given by the PIO. Moreover, the PIO did not reply within 30 days of filing the RTI
application.
Order of the First Appellate Authority (FAA):
At the hearing held before the FAA, none of the parties were present. The FAA observed that no
information had been furnished to the Appellant. The PIO & SDM (NL) was directed to supply the
information to the Appellant within 15 days.
Grounds for the Second Appeal:
Reply dated 22/05/2010 was once again sent to the Appellant in compliance with the order of the FAA.
The information provided by the PIO was unsatisfactory.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Om Prakash;
Respondent : Mr. Ashok Sharma, NT on behalf of Dr. B. M. Mishra, PIO & SDM (Narela); Mr. Ashish
Mohan the then PIO & SDM(Narela);
The PIO has given certain information but the Commission feels that the way in which the queries
are drafted and the response given by the PIO did not meet the requirements of the Appellant. The
Commission is therefore reframing these and directing that the following information shall be provided to
the Appellant:
1- Attested photocopy of the entire file 09/SDM/N/09 U/s 133 CRPC.
2- Copies of the cause list of the hearing for this case.
3- Attested photocopies of the letters of 29/01/2009, 11/02/2009 and 26/03/2009 received from
MCD.
Decision:
The Appeal is allowed.
The PIO is directed to give the information to the Appellant on three points
mentioned above before 20 December 2010.
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
08 December 2010
(In any correspondence on this decision, mention the complete decision number.)(IN)