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Decision No. CIC/SG/A/2011/001463/13531
Appeal No. CIC/SG/A/2011/001463
Relevant Facts
emerging from the Appeal
Appellant : Mr. Shafiuddin
S/o Shri Khacheru,
House no. A-27, Jyoti Colony,
Gali No. 1, Shahdara,
Delhi- 110032.
Respondent : Mr. Madan Gopal
Public Information Officer & Assistant Director
Delhi Urban Shelter Improvement Board
East Zone-B
Seelampur, New Delhi- 110053
RTI application filed on : 12/10/2009
RTI application transferred on : 21/11/2009 to JD (DUSIB)
PIO replied : 16/12/2009
First appeal filed on : 09/01/2010
First Appellate Authority order : 01/02/2011
Second Appeal received on : 01/06/2011
Sl. Information sought by the appellant Reply of the PIO
1. Whether letter no. 579 JJS/ DDA/ SP of Executive Officer (JJ) Delhi Mentioned letter is
Development Authority, Delhi dated 08.06.1968 sent to Shri not traceable in the
Shaifuddin, Shop no. 5-A, Seemapuri, Delhi Shahdara sent through available record of
DDA department? the office.
2. If yes, kindly provide the inquiry report in case some action has been As above.
taken on the documents presented by Shri Shaifuddin.
3. Which officer was supposed to take action on such report? As above.
4. Kindly provide the name and designation of that official. As above.
5. Within what time limit the officer was required to take the action? As above.
6. Whether the applicant was also given a copy of the inquiry? If yes, As above.
kindly provide the photocopy of the letter so sent.
Ground of the First Appeal:
The PIO has tried to deny the information saying that the document sought is not ‘traceable’ in the
office record. As the letter is a governmental letter, it is the obligation of the officials to find it. The
appellate also wants the authority to reply that by when such letter will be ‘traceable’. Also, kindly
provide the name and designation of the officer who was in charge of keeping such documents.
Order of the FAA:
The AD (EZB) is directed to allow the applicant to inspect the record in respect of the plot for which
the information has been called for. The appellant is requested to inspect the requisite record in the
office of AD (EZB), Seelam Pur (Welcome), Delhi on any working day in the first week of july, 2010
in the post lunch session. Appeal is disposed off.
Ground of the Second Appeal:
Even after the inspection of the record by the appellant carried out in pursuance of the order of the
FAA, the requisite information is not obtained as the same was not found on the office records. Hence,
this has lead to the denial of the information.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Jamaluddin representing Mr. Shafiuddin;
Respondent: Mr. Madan Gopal, Public Information Officer & Assistant Director;
The Appellant has sought a record of 1968 and the PIO has stated that the record is not
available on the file. The Appellant has also been given inspection of the records but the record has not
been found anywhere. Since the record has not been found and it belongs to the period of 1968, no
information can be provided since it does not exist.
Decision:
The Appeal is disposed.
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
19 July 2011
(In any correspondence on this decision, mention the complete decision number.) (SB)