CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/001441/4174
Appeal No. CIC/SG/A/2009/001441
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Sultan Singh Jain
1747, Kucha Lattu Shah Dariba Kalan,
Delhi-110006.
Respondent : Mr. Ranveer Singh
Superintending Engineer & PIO
Municipal Corporation of Delhi, GNCTD,
O/o Superintending Engineer Civil Lines Zone,
16, Rajpur Road, Delhi-110054.
RTI application filed on : 26/12/2008
PIO replied : 14/01/2009
First appeal filed on : 11/02/2009
First Appellate Authority order : 03/03/2009
Second Appeal received on : 09/06/2009
Sl. Information sought PIO's reply
1. The demolition order No. 192/B/UC/CLZ/91 dated File is not available in the
23.09.1991. passed by Sh.S.N.Gupta, Zonal Engineer record.
(Building), Municipal Corporation of Delhi, Civil Lines
Zone, Delhi in respect of property no. E-147-148(Ground
Floor), Kamla Nagar, Delhi-110007.
2. Sealing Order passed by Sh.R.K.Singh, Additional File is not available in the
Commissioner (C&A), bearing no. 214/B/Seal/CLZ/92 dated record.
21.04.1992 (changed no. 214/B/Seal/CLZ/93 dated
26.04.1993) in respect of property No. E-147-148 (Ground
Floor), Kamla Nagar, Delhi-110007.
3. Service Book and Personal file of Sh.R.K.Singh, Additional Does not pertain to CLZ.
Commissioner (C&A), who retired from service of MCD on
31st July 1992.
Grounds for First Appeal:
The PIO knowingly has given an evasive reply and has thus furnished incorrect incomplete or
misleading information or destroyed the information which was the subject of the request and
thus obstructed the furnishing the information.
Order of the First Appellate Authority:
The First Appellate Authority ordered “As per records of Misalband, the property about which,
the information has been sought stands booked for unauthorized construction. Since, the original
file is not traceable, the information sought by the Appellant could not be furnished to him.
However, if he so desire, a copy of the booking in respect of the property can be provided to him
on the basis of which, he can pursue the matter with S.P.Zone for necessary action. The PIO is
directed to provide a copy of the same, which was done during the course of hearing.”
Grounds for Second Appeal:
Unsatisfactory order.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Sultan Singh Jain
Respondent: Mr. Ranveer Singh, PIO and deemed PIO Mr. M.R.Mittal
The file has been claimed to be “untraceable”. The Commission has instructed PIOs time and
again to stop this practice of claiming that files are untraceable. If files are not available there is
no way they can state that these may not have been stolen. The Appellant has produced before
the Commission an order of the PGC dated 24/04/2007 in which it has been recorded that the
said file showed evidence of tampering of records. The PGC has also directed the department to
take action since it is recorded that illegal construction has been recorded and reported since
1992. The said report also mentions that demolition had been ordered but it appears that with the
collusion of MCD officials nothing has been done.
The Commission directs the deemed PIO Mr. M.R.Mittal to carry out a very diligent search and
if the file is found give a copy of the entire file to the Appellant. If the file is not located this
seems clearly a case that the file appears to have been stolen for ulterior motives. If the file is not
found before 27 July 2009. The Police Complaint will be filed reporting the file has been stolen
and a certificate shall be obtained from the Municipal Commissioner certifying that the file has
been stolen/lost.
Decision:
The appeal is allowed.
The deemed PIO Mr. M.R. Mittal is directed to give the information as directed above to the
Appellant before 27 July 2009. If the file is not found he will file Police Complaint reporting the
file has been stolen and a certificate shall be obtained from the Municipal Commissioner
certifying that the file has been stolen/lost. The copy of the Police Complaint and the certificate
of the Municipal Commissioner shall be sent to the Appellant and the Commission before 6
August 2009.
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 cost as per Section 7(6) of
RTI Ac.
Shailesh Gandhi
Information Commissioner
17 July 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)