Central Information Commission
Devendar Kumar vs Gnctd on 19 June, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/GNCTD/A/2018/141551
Shri Devender Kumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/O/o the E-Sub-Registrar-II/ ...प्रनतवादीगण /Respondent
BasaiDarapur, O/o the Addl. Magistrate
(West), Raja Garden, New Delhi - 110027
Through: Sh. Mithilesh -SR
Date of Hearing : 20.05.2020
Date of Decision : 22.05.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 18.12.2017
PIO replied on : 27.02.2018
First Appeal filed on : 09.04.2018
First Appellate Order on : N.A.
2ndAppeal/complaint received on : 03.07.2018
Information soughtand background of the case:
The Appellant filed RTI application dated 18.12.2017 seeking information on seven points;
1. Please inform the date of the execution of the will.
2. Please inform the date of collection of the will from the Registrar's office.
3. Please mention the ID proof produced by executor before the registrar to sign the will.
4. As per ID produced, Please provide Husband name of executor.
(Smt.Leela Sagar).etc. (Queries are Verbatim) Page 1 of 2 The PIO/E-Sub-Registrar, BasaiDarapurvide letter dated 27.02.2018 furnished a point wise reply to the appellant stating that any information could be obtained by him vide Registration Act. [most part of the reply is illegible] Dissatisfied with the reply received from the PIO, the Appellant filed First Appeal dated 09.04.2018, which was not adjudicated by the FAA. Therefore, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to maintain social distancing in the wake of outbreak of COVID-19 pandemic, hearing is conducted through audio conference. Appellant reiterated his case and added that he is the son of the testatrix of the will. He has been aggrieved by the response of the SRO and the fact that his application has been just transferred from SRO-Janakpuri to SRO- BasaiDarapur, without providing him any fruitful reply. Respondent from BasaiDarapur is present and agrees to provide complete information to the appellant on production of the relevant Death Certificate of the testatrix, which appellant claims to have already submitted earlier.
Decision:
Upon hearing averments of the parties and perusal of records, it is noted that while the respondent is ready to provide the information now, upon producing the death certificate of the testatrix-Smt. Leela Sagar, appellant claims to have filed the same earlier. Unfortunately, the FAA has also not bothered to adjudicate the case at hand, leading to the escalation of the issue. Hence, it is deemed expedient that the matter be remanded to the FAA/ADM(West)- Sh. Dharmender Kumar, (as informed by the PIO/SR-Sh. Mithilesh) to adjudicate the First Appeal upon hearing both parties and decide the case with a reasoned speaking order, within a month of lifting of the lockdown. Compliance report from the office of FAA must reach the Commission within one week thereafter, to avoid initiation of penal action as per law.
Appeal is disposed off with these observations.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उि-िंजीयक)011-26180514 Page 2 of 2