Central Information Commission
Mohd. Taj vs North Delhi Municipal Corporation ... on 22 March, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No.: CIC/NDMCP/A/2019/133744
Mohd. Taj .....अपीलकर्ता/Appellant
VERSUS/बनतम
PIO,
Assistant Commissioner/C.S.P. Zone, North Delhi
Municipal Corporation, City-Sadar Pahar Ganj Zone,
Zonal Office, Nigam Bhawan, Old Hindu College,
Kashmere Gate, Delhi-110006.
...प्रतर्वतदीगण/Respondent
Relevant facts emerging from appeal:
RTI application filed on : 23-03-2019
CPIO replied on : 03-05-2019
First appeal filed on : 22-05-2019
First Appellate Authority order : 07-06-2019
Second Appeal received at CIC : 15-07-2019
Date of Hearing : 22-03-2021
Date of Decision : 22-03-2021
lwpuk vk;qDr : Jh हीरालाल सामररया
Information Commissioner : Shri Heeralal Samariya
Information sought:
The Appellant sought information regarding M/s FINE ELECTROPLATING WORKS, portion of the Property No. 856/XI(G.F.) Haveli Azam Khan Chitli Qabar Delhi along with the report and photo state copies of photography which were taken during the side inspection of M/s FINE ELECTROPLATING WORKS, portion of the property No. 856/XI(G.F.) Haveli Azam Khan Chitli Qabar Delhi.
PIO/Assistant Commissioner, City-Sadar Paharganj Zone, NDMC, Delhi, furnished reply to the Appellant vide letter dated 03-05-2019 stating that:Page 1 of 3
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 22-05-2019. The FAA, vide order dated 07-06-2019, directed the PIO to provide information as available on record within stipulated time period.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Not present in person Respondent: Not present in person Decision:
At the outset, Commission takes grave exception to the absence of PIO during hearing without intimating any reasons thereof. Accordingly, PIO is hereby directed to file a written explanation justifying the said conduct, failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated against him/her, if necessary.
PIO is directed to ensure that his written submission reaches the Commission within 30 days from the date of receipt of this order, failing which ex-parte action will be initiated against him/her.
Furthermore, in the absence of both parties despite due service of the hearing notice, Commission is not in a position to ascertain whether or not there has been due compliance of the orders of the FAA, vide order dated 28.12.2018.
In view of that, Commission directs the PIO, O/o Assistant Commissioner/C.S.P. Zone, NDMC, City-Sadar Pahar Ganj Zone, to provide an opportunity to the Appellant to inspect relevant documents as sought in the instant RTI Application on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. In case relevant records are available at some other department, then the concerned PIO, O/o Assistant Commissioner/C.S.P. Zone, NDMC, City- Sadar Pahar Ganj Zone, must procure the said documents and Page 2 of 3 arrange them for said inspection. Copy of documents, if desired, should be provided to the Appellant, after redacting the third party information, subject to payment of the requisite fees as per RTI Act, 2005. Commission's direction should be complied within 30 days of receipt of this order and a compliance report should be sent to the Commission by PIO enumerating the details of documents inspected and copy of documents provided to the Appellant.
In view of the foregoing, no further action is warranted in the said matter.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया)
Information Commissioner (सच
ू ना आयुक्त)
Authenticated true copy
(अभिप्रमाभित सत्याभित प्रभत)
Ram Parkash Grover (रतम प्रकतश ग्रोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514
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