CENTRAL INFORMATION COMMISSION
Block IV, 4Th Floor, Old JNU Campus
New Delhi-110067
Appeal No. CIC/WB/A/2007/01489/LS
Applicant: Shri K.C. Gupta
Public Authority: Chandigarh Administration
(through Shri Rajiv Kumar,
Senior Assistant/CPIO)
Date of Hearing: 10/11/2008
Date of Decision 10/11/2008
FACTS
OF THE CASE:
By his letter of 16/08/2007, the Appellant had requested CPIO for
following information:-
“(i) How many D.D.R. were presented in the court of Sub
Divisional magistrate(South) on 11.12.2004.
(ii) Copy of all the DDRs with the orders passed by the Presiding
Officer on DDRs on 11.12.2004.
(iii) The name of the official who has recorded/written the order on
the DDRs on 11.12.2004. The requisite fee is being paid.
Thank you.”
2. To this, CPIO, by his letter of 14/09/2007, had replied that as he was
not a party to the cases under reference, the information was being denied to
him. The Appellant had filed an Appeal by his letter dated 01/10/2007. The
Appellate Authority, vide letter dated 19/10/2007, had also declined to
furnish the relevant information to the Appellant.
3. The present Appeal has been filed against the order of the Appellate
Authority.
4. The case was heard on 10/11/2008. The Appellant and the CPIO
appeared before the Commission. The CPIO submitted that the requisite
information has been furnished to the Appellant by letter dated 20/12/2007.
On the other hand, the appellant submitted that incomplete information has
been furnished to him. On cursory perusal of the letter, dated 20/12/2007 of
the Appellate Authority and after hearing the CPIO, I am of the view that
complete information has not been furnished to the Appellant. The CPIO
mentions that some information has been consigned to the record which are
under the control of the Deputy Commissioner. It is not the concern of this
Commission as to who is the custodian of the records. The crux is that the
information requested for by the Appellant is to be provided unless it is
decided otherwise by this Commission. I am of the view that the
information sought by the Appellant does not fall in any of the exemptions
in section 8(1) of the RTI and, therefore, this information is disclosable to
the Appellant.
DECISION
5. In view of the above discussion, it is ordered that point-wise
information as requested for by the Appellant, in para 1 above, may be
furnished to the Appellant by CPIO in three weeks time, unmindful of where
it is consigned at present.
6. The matter is disposed of accordingly.
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: 011-2616 26 62