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Decision No. CIC/SG/A/2010/002891/10369
Appeal No. CIC/SG/A/2010/002891
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Shyam Lal Sharma
H No 54, Basant Gaon,
Vasant Vihar New Delhi-110057
Respondent : Mr. Alok Sharma
Public Information Officer & Dy. Secretary (Alternative)
O/o Dy Seretary (Alt), GNCTD,
Land & Building Deptt, Alternate Branch,
Govt. of NCT of Delhi
Vikas Bhawan, I.P. Estate,
New Delhi-110002
RTI application filed on : 07/06/2010
PIO replied : 15/06/2010 and 20/07/2010
First appeal filed on : 28/06/2010
First Appellate Authority order : 12/07/2010
Second Appeal received on : 11/10/2010
Information Sought
Giving reference of various documents on point no. 1, 2, 3, Appellant sought (on point no. 4) whether file
was closed after submitting said above document. He further sought what action taken on his application
dated 22/03/2010.
Reply of the Public Information Officer (PIO)
The PIO replied following vide letter dated 15/06/2010 and 20/07/2010(after the order of FAA):
“1 to 3: No information asked.
4- Your file was closed on 31.01.86 due to non submission of documents. You have also been intimated
various times, latest vide letter dated 26.10.2009, which have been received by you by hand that as per
policy, this department is not re-opening the closed/time barred cases, hence your case shall also not be
reopened. Therefore, no action can be initiated further as per policy.”
Grounds for the First Appeal:
Appellant requested for certified copy of the policy under which an order was passed to close the file after
filing all documents on time.
Order of the First Appellate Authority:
“The Superintendent (Alt.) replied to the question raised by the appellant that as on date there is no such
policy under which charged/time bound file/case could be re-opened.
The PIO/OS(Alt) is directed that revised reply to be given by July 23,2010.”
Grounds for the Second Appeal:
Incomplete and misleading information.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Radhey Shyam Sharma on behalf of Mr.Shyam Lal Sharma;
Respondent: Mr. R. K. Saini, OS(Alt.) on behalf of Mr. Alok Sharma, PIO & Dy. Secretary (Alt.);
The PIO has given most of the information but is now directed to give the following information:
1- Action taken on the representation of the Appellant dated 22/03/2010.
The Appellant has a grievance that the Department has wrongly closed his file for allotment of an
alternative site. For this he will have to take up this matter at an appropriate forum.
Decision:
The Appeal is partially allowed.
The PIO is directed to give the information on the one point mentioned above to the
Appellant before 25 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.)(Rnj)