Central Information Commission
Bidhuri Udham Singh Azad vs Office Of The Additional Distt. ... on 24 July, 2020
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई ददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/ADDDM/A/2018/169222
Shri Bidhuri Udham Singh Azad ... अपीलकताग/Appellant
VERSUS/बनाम
1. The PIO ...प्रनतवादीगण /Respondent
O/o. the SDM,
Old Traffic Court Complex,
M. B. Road, Saket, New Delhi
2. The PIO
SDM (Mehrauli), Old Tehsil
Building, Mehrauli, New Delhi
3. The PIO
SDM (saket), O/O .D. M.
(South),M. B, Road, Saket, New
Delhi-110030
4. The PIO
SDM (Sarita Vihar), Old Gargi
College Building, Lajpat
Nagar-IV, New Delhi
5. The PIO
O/o. Joint Secretary cum
Director (Panchayat), 1, Kripa
Narayan Marg, Delhi-110054
Through: Shri Vipin Kumar Tyagi
Section Officer/APIO present through
audio conference
Date of Hearing : 21.07.2020
Date of Decision : 24.07.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 07.03.2018
PIO replied on : Nil
First Appeal filed on : 28.09.2018
First Appellate Order on : Nil
2ndAppeal/complaint received on : 20.11.2018
Page 1 of 3
Information soughtand background of the case:
The Appellant filed an RTI application before the PIO, O/o. Hon'ble Lieutenant Governor, Delhi Government dated 07.03.2018 seeking information on the following 6 points:
1. Provide the name and details of the Department which issued NOC/approval for installation of statue of Lord Mahavir on the Hilltop at Ahinsa Stall, Mehrauli Gurgaon Road.
2. Provide the name, as per Revenue Records, of the Hills where this Statue is installed.
3. Provide the area of the land in acres and the height of the statue from ground.
4. Being a Hindu, I wish that Statues of Lord Rama and Lord Shiva be installed at the site. Provide the details of procedure in this regard.
5. Provide the name of the institution/Sanstha managing and looking after the area with the Statue of Lord Mahavir.
6. Whether any F.I.R. was filed against the ones who installed the Statue or the officials of the Department related to this area. Provide detailed information.
PIO, O/o. Lieutenant Governor vide letter dated 14.03.2018 forwarded the RTI application to PIO, Revenue Department, GNCTD, Delhi.
PIO/Nodal Officer (RTI)/SDM(HQ)-I, GNCTD, Revenue Department vide letter dated 19.03.2018 forwarded the RTI application to the PIO/BDO, O/o. Directorate (Panchayat), Kripa Narayan Marg, Delhi.
PIO/BDO (HQ), vide letter dated 26.03.2018 transferred the RTI application to PIO/DM (South), M.B. Road, Saket, Delhi.
PIO/SDM (Sarita Vihar), vide letter dated 20.04.2018 transferred the RTI application to PIO/SDM (Mehrauli).
PIO/SDM (Mehrauli), vide letter dated 24.05.2018 transferred the RTI application to PIO/SDM (Saket).
PIO/SDM (Saket), vide letter dated 19.07.2018 transferred the RTI application to SDM (Mehrauli).
Having not received any reply from the PIO, Appellant filed a First Appeal dated 28.09.2018 which was not adjudicated therefore, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant did not participate in the hearing despite two attempts.
Shri Arvind Chopra, PIO/Tehsildar, Saket refused totake the call despite two attempts.Page 2 of 3
Respondent is represented by Shri Vipin Kumar Tyagi, Section Officer/APIO through audio conference. He submitted that the information sought in the instant RTI Application pertains to SDM, Saket, South District.
Decision:
Upon perusal of the facts on record as well as on the basis of the submissions of the Respondent, Commission observes that the Appellant has filed the instant RTI Application before the O/o. Hon'ble Lieutenant Governor, Delhi Government which has been repeatedly transferred to various offices/officials, yet no reply has been sent to the Appellant in response to the queries raised in the present RTI Application. It transpired during the hearing that Shri Arvind Chopra, PIO/Tehsildar, O/o. SDM, Saket absented himself and refused to answer his phone, thereby vitiating the proceedings of the hearing.
Keeping in view the aforesaid circumstances, the Registry of this Bench is directed to issue SHOW CAUSE NOTICE to Shri Arvind Chopra, PIO/Tehsildar, O/o. SDM, Saket for a) absenting himself from the instant Second Appeal hearing without any prior intimation to this Bench/Registry; & b) violating the provisions of the RTI Act, without reasonable cause.
Reply of the SHOW CAUSE NOTICE must reach the Commission before 21.08.2020 and the Registry of this Bench is further directed to schedule the Show Cause case in due course.
It is made clear that non-compliance of the aforementioned directions shall not be viewed with leniency and shall attract penal action against the concerned PIO.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 3 of 3