CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
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Tel: + 91 11 26161796
Decision No. CIC /WB/A/2008/00696/SG/2180
Appeal No. CIC/WB/A/2008/00696/SG
Relevant Facts
emerging from the Appeal
Appellant : Mr. Virender Malik,
R/oAN-23, Shalimar Bagh,
New Delhi-110088.
Respondent : A.D.M. & SPIO,
Govt. of NCT of Delhi
North West Zone,
DC-office Complex, Kanjhawala,
Delhi-110081.
RTI application filed on : 21/08/2007
PIO replied : 27/09/2007
First appeal filed on : 21/09/2007
First Appellate Authority order : 16/10/2007
Second Appeal filed on : 16/04/2008
The appellant had asked in RTI application for the Sale Deed SR-
VI/B/90/15/03/2007 (Virender Malik V/s Karuna Sharma).
S. No. Information Sought. The PIO replied.
1. Please indicate the result of the hearing On 18/07/2007 the statement of those who
dated 18/07/2007 held by the Sub- were present was recorded and the file was
Registrar-VI-B (Narela) in this regard sent to COS(N) for direction, the file was
and further indicate the progress made received back on 28/07/2007 with the
on my grievance so far. direction that SR may take the action as per
law/Act, on 03/08/2007 the file was sent to
the Registrar/DC (N/W) for direction the
same was received back on 14/08/2007 with
the direction that SR can take the action. A
telephonic massage on 20/08/2007 was
received from DC(N/W) that document
would not be registered and the file is to be
sent to legal Deptt., for legal opinion. So file
was sent to DC(N?W) for further
transmission to legal department.
2. Please explain the further process of the As mentioned above and the Registrar/ Dy.
case matter also give the names and Commissioner (N/W) and Sub-Registrar-VI-
designations of the officials who were B (Narela).
supposed to take action my grievance.
3. What action would be taken to resolve The said application is under process. When
the issue? By when would that action decision on that application is taken by the
be taken? By when would my grievance department, the appellant will be informed
be decided now? accordingly.
4. Please provide me the unrestricted full The file was sent to the legal department for
access with noting sheets on the file on legal opinion. On its receipt back you may
the subject matter. request for the same.
5. Please provide me the copies of the Photocopies of noting sheets are enclosed
noting sheets on the file and some more with the RTI file. For more copies of the
copies of the record may be required record please mention specific name of
after the file inspection. paper /No. of the documents then they will
be provided.
6. Please clear the fog on the information The Executants has the right to collect the
supplied on 15/06/2007 to the ID No.22 documents after the registration as per
Point 6. it was given that the practice, signature of the executants are
Executants has the right to collect the taken on the back side of the slip. At the
documents after the registration time of regarding respect is issued to
specifically reconfirm, if I execute the executants the person producing the receipt
sale deed in favour of the other then I set the document.
am the sole Executants to the deed
having the sole right to collect the
documents after the same is accepted or
rejected for the registration.
7. As per the information provided to the Your application dated 20.03.2007 was put
RTI -ID/22 point-I the SR-VI-B has up after proper scrutiny of the case, now file
admitted that my application dated has been sent to the legal department for
20.03.2007 just put up after 56 days of legal opinion. Action will be taken
receiving to act upon and the same is according to the direction of the legal
un-decided till date. Please make clear department.
that what action would be taken against
these officials for not doing their work
and for causing harassment to the
public? By would that action be taken?
The First Appellate Authority ordered.
“In his appeal appellant has stated that no response has been received with in 30 days of
submission of application. The appellant was heard and the records were perused. The
appellant has received the reply dated 27/09/2007 of PIO/ADM North West.
The appellant has submitted his supplementary application constituting appeal today on
12.10.2007 during the hearing. The appellant has raised several points in his application which
needs to be clarified. let a detailed clarification/information be provided by PIO within 15
working days.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Absent
The respondent has not been given any information inspite of the clear order of the First
appellate authority.
Decision:
The appeal is allowed.
The complete information will be sent to the appellant before 25 March, 2009.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
It also appears that the First appellate authority’s orders have not been implemented.
From the facts before the Commission it is apparent that the 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.
He will give his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1) before 30 March, 2009. He will also submit proof of having
given the information to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
4th March 2009
(In any correspondence on this decision, mentioned the complete decision number.)