Central Information Commission
Arun vs Ut Of Puducherry on 22 July, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos. : CIC/UTPON/C/2024/617762 &
CIC/REVAD/C/2024/625421
Arun ....िशकायतकता /Complainant
VERSUS
बनाम
1. PIO,
Directorate of Survey and Land
Records, Cuddalore Road,
Pillaithotam, Sakthi Nagar, Saram,
Puducherry - 605013
2. PIO,
Sub Registrar Office Revenue
Complex (Annexe) Saram,
Puducherry - 605013 .... ितवादीगण /Respondents
Date of Hearing : 11.07.2025
Date of Decision : 21.07.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned complaints are clubbed together as the Complainant is
common and subject-matter is similar in nature and hence are being
disposed of through a common order.
(Total number of 27 complaints/second appeals of the
Complainant/Appellant are listed today for hearing before the Commission)
CIC/UTPON/C/2024/617762
Page 1 of 15
Relevant facts emerging from complaint:
RTI application filed on : 23.02.2024
CPIO replied on : 13.03.2024, 20.03.2024, 22.03.2024,
26.03.2024, 01.04.2024
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 27.04.2024
Information sought:
1. The Complainant filed an (offline) RTI application dated 23.02.2024 seeking the following information:
"Statement :In personnel hearing held in the chamber of District Collector on 14.02.2024 and I informed that the PIO not furnished information in Physical mode as well as the online RTI account Portal will be erased once not in used in 6 months, I requested FAA-Cum-District Collector to direct all PIO to furnish information in Physical mode even though applied through online, but FAA-Cum-District collector informed that " ALL replies received by an applicant in the RTI portal from the PIO's ID are construed to be a reply furnished by the said PIO from his login. Further, the applicant is at liberty to apply physical mode i.e. either post or in person for obtaining the physical copy of reply" vide order No: F.A.No.18/DRDM/RTI-Appeal/2023 dated. 21.02.2024 of FAA-cum-District Collector, consequently I am submitting this RTI request in Physical mode because some of the officials furnished false information which is liable under Section 177 in The Indian Penal Code, 1860: Furnishing false information.--Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both).
In all Department under DR&DM (taluk office/Registration office etc) back door workers engaged from other department in DRDM and subordinate department by political support and attending work in Taluk office/Registration dept/survey department etc. under the control of DR&DM without obtaining permission from the District Collector/Chief Secretary/DP&AR, in this regard seeking following information, Page 2 of 15 1(a). Kindly provide the list of all temporary workers (all casual Laborers/daily Rated/project workers/engaged under schemes/contract basis workers/voucher staff working in District collector office and their sub ordinate departments/ persons working from other department under service placement) their names, age, education qualification presently working in DR&DM and their sub departments under control of DR&DM also provide the details of their date of initial engagement, copy of the engagement order in DRDM, Name and designation of the superior official engaged, their attendance copy of the month January 2024 if any, and their tenure period.(provide details of all temporary workers getting wages in DR&DM and their sub ordinate departments(taluk/survey/registration dept. etc) except the details of the temporary workers FTCLR approved by Honorable Lieutenant Governor vide GO Ms No.22,dt 27.2.2009).1(b) Kindly provide reason as information once their engagement order copy not available.1(c) Name and designation of the PIO reply this RTI request in transparent and accountability manner.
2. I requested to inspect the Entire file regarding the Memorandum No. 8796/DC(R) N/LA/2019- 2022/1606 dated 14.06.2022 issued by the Deputy Collector (Revenue) North-Cum-Land Acquisition Officer, but Mr. Mathew Francis PIO-cum-Revenue officer denied to inspect the entire file but the FAA cum-Deputy Collector (Revenue) North passed order vide No. 6127/F.A.No.19/RTI-Appeal/PA/2023/2849, dated.07.11.2023 that The PIO is hereby directed to inform and allow the applicant to inspect the file requested by him as once it is received back in his office. In this connection Mr. R. Coumarane (SO) informed that "It is informed that the file with I.D.No.8796/DCR(N)/LA/N/2022 dated 11.07.2022 submitted by the Deputy Collector (Revenue) North-cum-LAO, Puducherry has been forwarded to the Government for necessary orders/directions and the same is yet to be received back by this office" in connection 2(a) provide details where the file is currently located by using online file tracking system (FTS) and then transfer my request to concern department u/s 6(3), intimate the transfer details to applicant as per the provision within period of 5 days then, 2(b) allow me to inspect the aforesaid file u/s 2(j) of the RTI Act,2005
3. Chief Secretary-cum-Chief Vigilance officer passed order dated.09.11.2023 that "All mandatory eservice to be implemented within one month.." in connection I need information district collector office and their sub ordinate dept. 3(a) List of all e-services implemented in district collector office and their sub ordinate department (DRDM) with Page 3 of 15 elaborated details, 3(b) Note file copy for initiated action in District Collector office.,3(c) Name and designation of the Official is responsible to comply the order.
4. Chief Secretary-cum-Chief Vigilance officer passed order dated.09.11.2023 that "implementation of Bio-metric attendance, and latest by 1st January in all offices..." in connection I need information,4(a). Name and designation of the official is responsible to comply the order in District Collector office/DRDM.4(b) Name of the official is not comply the order.4(c) reason for not comply the order of CVO-chief secretary. 4(d) Provide the note file copy from the file in implementation of Bio-metric attendance.
5. Chief Secretary-cum-Chief Vigilance officer passed order dated.09.11.2023 that "E-office to be fully operationalized within one month. All pending Daks prior to full operationalization of Dak through E- office be disposed off duly and certificate to that effect be obtained in each department" in connection I need information. 5(a) Name and designation of the official is responsible to comply the order in District Collector office/DRDM. 5(b) Name of the and designation of the official is not comply the order. 5(c) reason for not comply the order within one month as directed by the chief secretary within. 5(d) Provide the note file copy from the file. 5(e) provide me the certificate submitted to chief secretary .5(f) provide me the reason as information once not submitted certificate under District collector office/DRDM (each department).
6. I have 8000 sq. ft in my document out of 8000 sq ft, 2000 sq ft vacant land is marked as "road" by the Town & Country Planning Department (Government of Puducherry) and approved in pursuance of subsection (1) of section 33 of the Puducherry Town and Country Planning Act, 1969 (No. 13 of 1970), with rule 41 of the Puducherry Town and Country Planning Rules, 1974, The Comprehensive Development Plan for Puducherry Planning Area also been duly approved by the Government as required under section 32 of the said Act and issued GO in the year 2015, in connection I need information from the competent Authority, The directorate of Survey and Land Records under section 23(1) of the Puducherry Survey and Settlement Act 1970. 6(a) Provide information whether is it possible to change "road" into patta land once citizen Page 4 of 15 applied for change of patta by supporting document (let the information may be yes or no format). 6(b) if "yes" kindly provide me the official whom a citizen can contact to change patta and their details. 6(c) if "no" provide me the reason as information u/s 4(1)(d) for the affected person."
2. The PIO cum Settlement Tehsildar furnished a reply to the complainant dated Nil stating as under:
"1. Point No.1 It is informed that the Collection/Compilation of information will not come under the ambit of RTI Act, 2005.
2. Point No.6 Hypothetical/Interrogative questions are not covered under the ambit of RTI Act, 2005"
3. The PIO cum Revenue Officer furnished a reply to the complainant on 13.03.2024 stating as under:
"1. Question no. 1(a)There are no temporary workers working under the control of this office at present. However, 3. Nos. of Drivers (LMV) for a period of six months contract with M/s. Thirumal Support Services Pvt. Ltd, Puducherry, 3 Nos. of House Keeping/Cleaning staff for a period of one year contract with M/s. KAT Security-cum-Manpower Services, Puducherry and 9 Nos. of Security Guards for a period of one year contract with M/s. TKT Security Service, Puducherry are engaged on outsourcing basis through GeM portal in this office. As the contract is with the Agency only and since the staff provided by the agencies are not permanent in nature which will vary in each occasion, providing of the details of such staff is not relevant.
Question no. 1(b)This office usually engages in contract with outsourcing agencies only. No engagement is being made by this office with individual staff and hence no such copy is available. Therefore providing the reason for the same does not arise.
Question no. 1(c)R. Arun Ayavou, PIO-cum-Revenue Officer"
4. The PIO furnished a reply to the complainant on 20.03.2024 stating as under:
"No such staff is engaged in this office."Page 5 of 15
5. The PIO cum Special Officer furnished a reply to the complainant on 22.03.2024 stating as under:
"Point No. 1(a), (b), (c) It is informed that there are no temporary workers engaged in this office other than the workers vide G.O.Ms No.22 dated 27.02.2009. Further it is informed that the manpower deployed in this office for Security/ House Keeping/ PDeGS is provided by the respective contractors who are engaged on outsourcing basis through the GeM portal. This office is in contract with the contract agencies only, which provide the manpower for Security/ House Keeping/ PDEGS service and hence the details of the individual workers deployed by them are not available with this office.
Point No. 2(a), (b) It is informed that the file submitted by the Deputy Collector (Revenue) North-cum-LAO, Puducherry vide File 1.D. (No * 0.8796 / D * CR(N) / L * A / N) / 2022 dated 11.07.2022 has been submitted further to the Government for necessary directions and the same is yet to be received. Hence, your RTI application is forwarded to the P.I.O., O/o The Hon'ble Chief Minister, Puduchery for furnishing any further information directly to you.
Point No. 3(a) (b) It is informed that the list of e-services provided by this department can be viewed at the following websites: https://puducherry-dt.gov.in, https://nilamagal.py.gov.in, https://regn.py.gov.in.
Point No. 4(a) (b), (c), (d) It is informed that you may inspect the relevant file which is available in this office during the office working hours and can obtain the available information sought by you. The charges for inspection will be free for the 1st hour and Rs.5 5 /- will be charged for each subsequent hour. The photocopy charges will be @ Rs.2/- per page.
Point No. 5(a) (b), (c), (d), (e), (f) It is informed that you may inspect the relevant file which is available in this office during the office working hours and can obtain the available information sought by you. The charges for inspection will be free for the 1st hour and 5 /- will be charged for each subsequent hour. The photocopy charges will be @ Rs.2/- per page.Point No. 6 Page 6 of 15
A copy of the RTI application has already been forwarded to the Directorate of Survey and Land Records, Puducherry, vide this office letter of even no. dated 28.02.2024 for furnishing the information directly to you."
6. The PIO cum Tehsildar furnished a reply to the complainant on 26.03.2024 stating as under:
"No such temporary worker (all casual laborers/ daily rated/ Project workers / engage under schemes/ contract basis workers/voucher staff) is working in this office."
7. The PIO cum Special Officer furnished a reply to the complainant on 01.04.2024 stating as under:
"Reply to point No.1(a): With reference to your RTI application, I am to inform that you that there is no temporary workers including casual Laborers/daily rated/project workers/engaged under schemes/contract basis workers/voucher staff in this office.
Reply to point No.1(b): The Question does not arise.
Reply to point No.1(c): Tmt. K. Bhuvaneswari Public Information Officer- cum-Revenue Officer."
8. Being dissatisfied, the complainant failed to file a First Appeal.
CIC/REVAD/C/2024/625421 Relevant facts emerging from complaint:
RTI application filed on : 23.02.2024 CPIO replied on : 28.02.2024 First appeal filed on : Not on record
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 14.06.2024 Information sought:
9. The Complainant filed an (offline) RTI application dated 23.02.2024 seeking the following information:
Page 7 of 15"Statement :In personnel hearing held in the chamber of District Collector on 14.02.2024 and I informed that the PIO not furnished information in Physical mode as well as the online RTI account Portal will be erased once not in used in 6 months, I requested FAA-Cum-District Collector to direct all PIO to furnish information in Physical mode even though applied through online, but FAA-Cum-District collector informed that " ALL replies received by an applicant in the RTI portal from the PIO's ID are construed to be a reply furnished by the said PIO from his login. Further, the applicant is at liberty to apply physical mode i.e. either post or in person for obtaining the physical copy of reply" vide order No:
F.A.No.18/DRDM/RTI-Appeal/2023 dated. 21.02.2024 of FAA-cum-District Collector, consequently I am submitting this RTI request in Physical mode because some of the officials furnished false information which is liable under Section 177 in The Indian Penal Code, 1860: Furnishing false information.--Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both).
In all Department under DR&DM (taluk office/Registration office etc) back door workers engaged from other department in DRDM and subordinate department by political support and attending work in Taluk office/Registration dept/survey department etc. under the control of DR&DM without obtaining permission from the District Collector/Chief Secretary/DP&AR, in this regard seeking following information, 1(a). Kindly provide the list of all temporary workers (all casual Laborers/daily Rated/project workers/engaged under schemes/contract basis workers/voucher staff working in District collector office and their sub ordinate departments/ persons working from other department under service placement) their names, age, education qualification presently working in DR&DM and their sub departments under control of DR&DM also provide the details of their date of initial engagement, copy of the engagement order in DRDM, Name and designation of the superior official engaged, their attendance copy of the month January 2024 if any, and their tenure period.(provide details of all temporary workers getting wages in DR&DM and their sub ordinate departments(taluk/survey/registration dept. etc) except the details of the temporary workers FTCLR approved by Honorable Lieutenant Governor vide GO Ms No.22,dt 27.2.2009).1(b) Kindly provide reason as information Page 8 of 15 once their engagement order copy not available.1(c) Name and designation of the PIO reply this RTI request in transparent and accountability manner.
2. I requested to inspect the Entire file regarding the Memorandum No. 8796/DC(R) N/LA/2019- 2022/1606 dated 14.06.2022 issued by the Deputy Collector (Revenue) North-Cum-Land Acquisition Officer, but Mr. Mathew Francis PIO-cum-Revenue officer denied to inspect the entire file but the FAA cum-Deputy Collector (Revenue) North passed order vide No. 6127/F.A.No.19/RTI-Appeal/PA/2023/2849, dated.07.11.2023 that The PIO is hereby directed to inform and allow the applicant to inspect the file requested by him as once it is received back in his office. In this connection Mr. R. Coumarane (SO) informed that "It is informed that the file with I.D.No.8796/DCR(N)/LA/N/2022 dated 11.07.2022 submitted by the Deputy Collector (Revenue) North-cum-LAO, Puducherry has been forwarded to the Government for necessary orders/directions and the same is yet to be received back by this office" in connection 2(a) provide details where the file is currently located by using online file tracking system (FTS) and then transfer my request to concern department u/s 6(3), intimate the transfer details to applicant as per the provision within period of 5 days then, 2(b) allow me to inspect the aforesaid file u/s 2(j) of the RTI Act,2005
3. Chief Secretary-cum-Chief Vigilance officer passed order dated.09.11.2023 that "All mandatory eservice to be implemented within one month.." in connection I need information district collector office and their sub ordinate dept. 3(a) List of all e-services implemented in district collector office and their sub ordinate department (DRDM) with elaborated details, 3(b) Note file copy for initiated action in District Collector office.,3(c) Name and designation of the Official is responsible to comply the order.
4. Chief Secretary-cum-Chief Vigilance officer passed order dated.09.11.2023 that "implementation of Bio-metric attendance, and latest by 1st January in all offices..." in connection I need information,4(a). Name and designation of the official is responsible to comply the order in District Collector office/DRDM.4(b) Name of the official is not comply the order.4(c) reason for not comply the order of CVO-chief secretary. 4(d) Provide the note file copy from the file in implementation of Bio-metric attendance.
Page 9 of 155. Chief Secretary-cum-Chief Vigilance officer passed order dated.09.11.2023 that "E-office to be fully operationalized within one month. All pending Daks prior to full operationalization of Dak through E- office be disposed off duly and certificate to that effect be obtained in each department" in connection I need information. 5(a) Name and designation of the official is responsible to comply the order in District Collector office/DRDM. 5(b) Name of the and designation of the official is not comply the order. 5(c) reason for not comply the order within one month as directed by the chief secretary within. 5(d) Provide the note file copy from the file. 5(e) provide me the certificate submitted to chief secretary .5(f) provide me the reason as information once not submitted certificate under District collector office/DRDM (each department).
6. I have 8000 sq. ft in my document out of 8000 sq ft, 2000 sq ft vacant land is marked as "road" by the Town & Country Planning Department (Government of Puducherry) and approved in pursuance of subsection (1) of section 33 of the Puducherry Town and Country Planning Act, 1969 (No. 13 of 1970), with rule 41 of the Puducherry Town and Country Planning Rules, 1974, The Comprehensive Development Plan for Puducherry Planning Area also been duly approved by the Government as required under section 32 of the said Act and issued GO in the year 2015, in connection I need information from the competent Authority, The directorate of Survey and Land Records under section 23(1) of the Puducherry Survey and Settlement Act 1970. 6(a) Provide information whether is it possible to change "road" into patta land once citizen applied for change of patta by supporting document (let the information may be yes or no format). 6(b) if "yes" kindly provide me the official whom a citizen can contact to change patta and their details. 6(c) if "no" provide me the reason as information u/s 4(1)(d) for the affected person."
10. The PIO cum Special Officer transferred the RTI application to PIO, O/o Sub/Dy. Collector (Revenue), PIO, O/o District Registrar, Registration Dept., PIO, Director of Survey and Land Records, PIO, O/o Deputy Collector (Excise) & PIO, Taluk Office on 28.02.2024 stating as under:
"A copy of the above cited RTI application, received by this office on 23.02.2024 vide receipt no. 02158, is transferred under Section 6(3) of the Right to Information Act, 2005, for disposal of the same in Page 10 of 15 accordance with the provisions of the RTI Act, as the subject matter pertains to your office and is more closely connected with the functions of your office.
2. The reply may be furnished directly to the applicant under intimation to this office."
11. Being dissatisfied, the complainant failed to file a First Appeal.
12. Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present through Video-Conference. Respondent No. 1: Shri Couppan, Tehsildar & PIO present through Video- Conference.
Respondent No. 2: Ms Rajlakshmi, Sub-Registrar & PIO present through Video- Conference.
With respect to file No. CIC/UTPON/C/2024/617762:
13. The Complainant submitted that till date complete and correct information has not been provided to him by the Respondent on his RTI application within stipulated period as per the RTI Act. He stated that information on point Nos. 1 and 6 of the RTI application has not been provided to him.
14. The Respondent, during the hearing, reiterated the replies given by the PIO and submitted that point-wise reply/information has already been provided to the Complainant vide letters dated 13.03.2024, 20.03.2024, 22.03.2024, 26.03.2024, 01.04.2024.
With respect to file No. CIC/REVAD/C/2024/625421:
15. Written submissions of the Complainant are taken on record.
16. The Complainant, during the hearing, reiterated the contents of his RTI application and instant complaint and submitted that reply/information Page 11 of 15 has not been provided to him by the Respondent within stipulated period as per the RTI Act.
17. Updated reply of the Respondent are taken on record and the same is reproduced hereinbelow:
"At present No such employees are engaged as temporary workers (all casual labourers /daily rated/project workers/engaged under schemes/contract basis workers/voucher staff working in Registration Department, Puducherry and their subordinate Offices/ persons working from other department under service placement)."
18. The Respondent submitted that now at the stage of complaint, they have provided reply to the Complainant on 04.07.2025.
19. Upon being queried by the Commission with respect to delay in providing reply to the Complainant, the Respondent submitted that the Complainant had sought voluminous information and it took time in collating responses from different departments.
Decision:
With respect to file No. CIC/UTPON/C/2024/617762:
20. The Commission observes from perusal of records that the main premise of the instant complaint was non-receipt of desired information from the Respondent. The Commission observes that the PIO provided point-wise reply/information to the Complainant as per his RTI application.
21. It is an admitted fact that the PIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Complainant. As per Section 2(f) of the RTI Act, the reasons/opinions/advises/rules can only be provided to the applicants if it is available on record of the Public Authority.
22. The Commission further observes that the PIO has given a response to the Complainant informing him the factual position in the matter within stipulated period as per the RTI Act
23. The Commission finds no infirmity in the reply of the PIO and the same was found to be in consonance with the provisions of RTI Act.
Page 12 of 1524. Now, being a Complaint under Section 18 of the RTI Act, the facts of the case do not warrant any action under Section 18(2) of the RTI Act against the CPIO as it does not bear any mala fides or an intention to deliberately obstruct the access to information as alleged by the Complainant. Here, it is relevant to quote a judgment of the Hon'ble Delhi High Court in the matter of Registrar of Companies & Ors v. Dharmendra Kumar Garg & Anr. [W.P.(C) 11271/2009] dated 01.06.2012 wherein it was held:
" 61. It can happen that the PIO may genuinely and bonafidely entertain the belief and hold the view that the information sought by the querist cannot be provided for one or the other reasons. Merely because the CIC eventually finds that the view taken by the PIO was not correct, it cannot automatically lead to issuance of a show cause notice under Section 20 of the RTI Act and the imposition of penalty. The legislature has cautiously provided that only in cases of malafides or unreasonable conduct, i.e., where the PIO, without reasonable cause refuses to receive the application, or provide the information, or knowingly gives incorrect, incomplete or misleading information or destroys the information, that the personal penalty on the PIO can be imposed...."
25. In view of the above, no relief can be granted in the matter.
With respect to file No. CIC/REVAD/C/2024/625421:
26. The Commission based on a perusal of the facts on record observes that the core contention raised by the Complainant in the instant Complaint was non-receipt of information from the PIO within stipulated period as per the RTI Act. In this regard, it was observed that the Respondent vide its letter dated 04.07.2025 had furnished reply/information to the Complainant.
27. Now, being a Complaint under Section 18 of the RTI Act, the facts of the case do not warrant any action under Section 18(2) of the RTI Act against the CPIO as it does not bear any mala fides or an intention to deliberately obstruct the access to information as alleged by the Complainant. Here, it is relevant to quote a judgment of the Hon'ble Delhi High Court in the matter of Registrar of Companies & Ors v.
Page 13 of 15Dharmendra Kumar Garg & Anr. [W.P.(C) 11271/2009] dated 01.06.2012 wherein it was held:
" 61. It can happen that the PIO may genuinely and bonafidely entertain the belief and hold the view that the information sought by the querist cannot be provided for one or the other reasons. Merely because the CIC eventually finds that the view taken by the PIO was not correct, it cannot automatically lead to issuance of a showcause notice under Section 20 of the RTI Act and the imposition of penalty. The legislature has cautiously provided that only in cases of malafides or unreasonable conduct, i.e., where the PIO, without reasonable cause refuses to receive the application, or provide the information, or knowingly gives incorrect, incomplete or misleading information or destroys the information, that the personal penalty on the PIO can be imposed...."
28. The Commission further observes that there is a substantial delay in providing a reply to the Complainant. However, no mala fide was observed on the part of the PIO. The then concerned PIO is directed to be cautious in future and ensure that replies should be furnished to the RTI applicants within stipulated time as per the RTI Act. The present PIO is directed to serve a copy of this order to the then PIO.
29. Hence, no action is warranted in the matter.
The above-mentioned complaints are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 14 of 15 Copy To:
The FAA, Sub Registrar Office Revenue Complex (Annexe) Saram, Puducherry - 605013 Page 15 of 15 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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