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CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/WB/A/2008/01393
Appellant: Shri Harmeet Singh
Public Authority: Licensing Authority UT Chandigarh
(through Shri)
Date of Hearing: 16/01/2009
Date of Decision: 16/01/2009
FACTS
:-
Pursuant to the order dated 10/011/2008 passed in appeal
No.CIC/WB/A/2007/01393/LS, the Commission had issued show cause notice dated
22/12/2008 to Smt. Swati Sharma, former Registering and Licensing Authority, UT
Chandigarh (CPIO), for not furnishing requisite information to the Appellant Harmeet
Singh. It may be recalled that Shri Harmeet Singh vide his letter dated 10/11/2005, had
requested for a copy of rate list fixed by Registering and Licensing Authority,
Chandigarh, in connection with the registration/transfer of two wheelers/four wheelers in
Chandigarh. It is the Appellant’s claim that he was furnished the requisite information on
07/11/2008.
2. Smt. Sharma has submitted written representation dated 09/01/2009 before the
Commission which is taken on record. In the written representation, she has submitted
that the RTI application dated 10/11/2005 of Shri Harmeet Singh came to her notice for
the first time on 13/06/2007 when a notice was received from the AA. The AA had then
asked her to provide the requisite information to the Appellant on the same day. In fact,
the AA, (Deputy Commissioner), has also asked the Appellant to go to the CPIO’s office
to collect the information. He visited the CPIO’s office but refused to collect the
requisite information and she had brought this fact to the notice of the AA on the same
day. It is also her submission that the requisite information was sent to shri Harmeet
Singh on the same day, i.e., 13/06/2007 through registered post but the letter was
received back with the following remarks – “House locked. Soochit kar diya”. It is also
her submission that the postal authorities had visited Shri Harmeet Singh’s residence on
14th and 15th June, 2007 but they found the house locked. She has produced domuentary
evidence in this regard which was perused. Her further submission is that the
information was again, sent through registered post to Shri Harmeet singh on 28/06/2007
which was received back with the remarks “Nahin Milay. Soochit kar diya”. It is, thus,
her case that she lost no time in furnishing information to the Appellant Shri Harmeet
Singh as soon as she came to know about his RTI application.
3. As regards the question of RTI application not being brought to her notice for as
many as 19 months, she would submit that under the orders of the AA, Shri Ankur Garg,
her successor had conducted an inquiry which revealed that Shri Gagandeep, Data Entry
Operator, had not put up the RTI application in question before Smt. Sharma and, in fact,
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had not entered the receipt of the application in the relevant records. The application
remains untraced till date. Shri Ankur Garg is also before the Commission who testifies
to the effect. As to the question when the information was furnished to the Appellant,
both Smt. Sharma and Shri Garg would say that they were transferred out of Chandigarh
and they have no knowledge about it.
INTERIM DECISION
4. From the above, it would appear that the RTI application came to the notice of
Smt. Sharma on 13/06/2007 and she took immediate steps to furnish information to the
Appellant but the same could not be delivered to the Appellant for the reasons mentioned
hereinabove. Shri Gagandeep, DEO, who did not make entry of the RTI application in
the relevant record has already been warned by the competent authority. In this factual
matrix, Smt. Sharma cannot be held responsible for delayed supply of information to the
Appellant.
5. However, the following questions still remain to be unanswered in this matter:-
i) On what date was information actually furnished to the Appellant;
ii) What was the registration rate of –
a) two wheelers; and b) four wheelers
in Chandigarh on the date of the filing of the RTI application, i.e.,
10/11/2005; and
iii) what was the rate in respect of point ii) above as on 13/06/2007.
6. Smt. Sharma informs that Smt. Niharika Rai is present Registration and Licensing
Authority, Chandigarh. Smt. Rai is hereby directed to furnish information on the above
mentioned three points to the Commission in 04 weeks time so as to enable the
Commission to finally dispose of the matter.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges,
prescribed under the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Tele: 011 2671 73 53