Central Information Commission
Mr. Yogesh Kumar vs Govt. Of Nct Of Delhi on 15 February, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2010/000034/6829
Appeal No. CIC/SG/A/2010/000034
Appellant : Mr. Yogesh Kumar,
N -16 A/46, Sanjay Basti,
Timarpur, Delhi-110054
Respondent : Mr. Nityanand
Public Information Officer & SDM (Civil Lines) Govt. of NCT of Delhi, O/o Dy. Commissioner (North) 1, Kripa Narain Marg, Delhi-110054 RTI application filed on : 17/08/2009 PIO replied : 14/09/2009 & 23/11/2009 First Appeal filed on : 23/09/2009 First Appellate Authority order : 30/10/2009 Second Appeal Received on : 16/12/2009 Notice of Hearing Sent on : 12/01/2010 Hearing Held on : 15/02/2010 Sl.No Information Sought PIO's Reply(vide letter dt.
23/11/2009)
1. Furnish required formalities for getting OBC List is enclosed.
certificate.
2. Number of caste certificates (SC, ST & OBC) List is enclosed.
issued between 01/01/2008 to 10/08/2009.
3. Name, post of officials responsible for not issuing It does not come under preview of Caste certificate despite of competing all RTI Act. formalities.
4. Present status of Application no. 9011001124 An OBC certificate has been issued to (date 30/07/2009, Name-Arjun Singh). the Appellant on 16/09/2009.
5. Action taken on said application (OBC) number. The OBC certificate has been issued Name & post of the official who should had to to the Appellant on 16/09/2009. take action on said application but not taken. Therefore, there no question arises for not working by any official.
6. Daily progress report on said application number. Such record is not kept in this office.
Action taken on said application by concerned Appellant can inspect the concerned official at present. file in this office.
7. What will punishment given to erring official The OBC certificate has been issued responsible not completing his duties & by which to the Appellant on 16/09/2009. date? When will the Appellant be acknowledged Therefore, there no question arises for regarding this punishment? not completing his duties by any official.
8. By which date the Appellant will be issued Caste The OBC certificate has been issued certificate of said Application no.? to the Appellant on 16/09/2009.
9. Appellant wanted to inspect the all applications on Appellant can inspect the documents, which caste certificates (SC, ST & OBC) issued after submitting an application for from 01/01/2008 to 10/08/2009 & received inspection & its charges. desired documents.
PIO's Reply:
Vide letter dated 14/09/2009;
"The reply of the questions No. 1 to 9 is that the status of the OBC certificate ID No. 9011001124 (Applicant Name; Arjun Singh S/o Gaya Prasa) is prepared and Sent to Window. The fore, the applicant can obtain the above certificate from this office on any working day."
Grounds for First Appeal:
Unsatisfactory & Incomplete information.
Order of the First Appellate Authority:
The information furnished by the PIO that reveals that the queries of the Appellant remain unanswered.. PIO/SDM(CL) was directed to answer the queries of the Appellant within 30 days.
Grounds for Second Appeal:
Appellant was not provided Xerox of all documents & inspection time in respect of point no. 9.) Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. Shivendra Kumar, Naib Tehsildar on behalf of Mr. Nityanand PIO & SDM;
The PIO has given additional information after the order of the FAA on 23/11/2009. However, the PIO has erred in asking the appellant to pay additional fees for inspection which the appellant had sought in query-9. As per Section 7(6) of the RTI Act once a period of 30 days is over all the information has to be provided free of cost.
Decision:
The appeal is allowed.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 26 February 2010 at 10.00AM. He will provide photocopies of records which the Appellant wants free of cost upto 300 pages.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 15 February 2010 (In any correspondence on this decision, mention the complete decision number.)Rnj