CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000032/11394
Appeal No. CIC/SG/A/2011/000032
Relevant Facts
emerging from the Appeal:
Appellant : Mr. S P Singh, adv,
140, Western Wing, Tis Hazari
Delhi – 110009
Respondent : Mr. V. P. Singh
Public Information Officer &
Sub-Divisional Magistrate (Kalkaji),
Office of the Sub Divisional Magistrate (Kalkaji)
Government of NCT of Delhi,
37, Tugalkabad Institutional Area,
New Delhi
RTI application filed on : 09/08/2010
PIO replied : 15/09/2010
First appeal filed on : 25/09/2010
First Appellate Authority order : 08/11/2010
Second Appeal received on : 31/12/2010
Information Sought
1. Copies of alleged different records of all the Khasra No. as per your reply dated 12.07.2010.
2. Name of Patwari and Kaunungo maintaining said alleged different records.
3. Copy of weekly inspection report from 1.1.2010 to 9.8.2010of the individual khasra no. mentioned in query
no.9.
Reply of the PIO
1. As per report of Halka Patwari there is no unauthorized construction in khasra no. 652, 653, 940, 941 and
871, 878, 879, 879 to 885.
2. All the khasra numbers are entered in different records.
First Appeal:
The PIO has averted for giving information and has withheld and concealed information.
Order of the FAA:
The PIO/SDM (KJ) was ordered to furnish the requisite information to the Appellant for points 1 and 2 within 5 days
of the date of the order and for point 3 the information from 1.1.2010 to 9.8.2010 was to be provided..
Ground of the Second Appeal:
The Appellant is aggrieved as no information has been provided after the order of the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. S P Singh;
Respondent : Mr. V. P. Singh, Public Information Officer & Sub-Divisional Magistrate (Kalkaji);
The PIO admits that no information was provided after the order of the First Appellate Authority
(FAA). The PIO claims that he asked the then Tehsildar Mr. Vimal Kumar to provide the information as per
the order of the FAA on 16/11/2010, after this the PIO forgot about it.
Decision:
The Appeal is allowed.
The PIO Mr. V. P. Singh is directed to provide the complete information as per the
order of the FAA to the Appellant before 25 February 2011.
The issue before the Commission is of not supplying the complete, required information by the
Deemed PIO the then Tehsildar Mr. Vimal Kumar within 30 days as required by the law.
From the facts before the Commission it appears that the deemed PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which raises a
reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has
clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is being
issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not
be levied on him.
The then Tehsildar Mr. Vimal Kumar will present himself before the Commission at the above address on
21 March 2011 at 10.30am alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1). 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 the PIO
is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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
10 February 2011
(In any correspondence on this decision, mention the complete decision number.) (AM)
CC:
To,
The then Tehsildar Mr. Vimal Kumar through Mr. V. P. Singh, PIO&SDM(KJ)