Central Information Commission
Vishal Pandey vs Election Commission Of India on 9 April, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/ECOMM/A/2017/146402
Vishal Pandey ... अपीलकताग/Appellant
VERSUS
बनाम
1) CPIO, Election Commission of India, ...प्रनतवािीगण /Respondents
Nirvachan Sadan, New Delhi
2) CPIO, O/o Chief Electoral Officer,
Kashmere Gate, New Delhi
3) CPIO, Northern Railway, Kashmere
Gate, New Delhi
4) CPIO, Delhi Development Authority,
Vikas Sadan, New Delhi
5) CPIO, North Delhi Municipal
Corporation, Kashmere Gate, New Delhi
Relevant dates emerging from the appeal:
RTI : 05.01.2017 FA : 18.02.2017 SA : 06.07.2017
Hearing : 03.10.2018,
CPIO : No reply FAO : No order
30.10.2018 and 04.04.2019
Page 1 of 8
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Election Commission of India, New Delhi seeking information on eight points pertaining to 1222 voters who are residing in Part 78 of Chandni Chowk Assembly (AC-20) in Delhi, including, inter-alia, (i) the total number of voters out of the said 1222 voters residing in the houses numbered by North Delhi Municipal Corporation and
(ii) the total number of voters out of the said 1222 voters residing in the houses allotted by Delhi Development Authorities.
2. The appellant filed a second appeal before the Commission on the grounds that no information has been provided to him by the CPIO. The appellant requested the Commission to direct the CPIO to provide point wise information to him and to impose maximum penalty upon the CPIO for not providing the information sought for.
Hearing held on 03.10.2018:
3. Both the parties participated in the hearing personally. Mr. Rajan Jain (Under Secy.) represented the respondent. The written submissions are taken on record.
4. The appellant stated that the CPIO, O/o the Chief Electoral Officer, Delhi may give a reply on factual position in the matter after transfer of this RTI application by the CPIO, ECI. Therefore, he requested the Commission to adjourn the matter for hearing the CPIO, O/o the Chief Electoral Officer, Delhi and the respondent agreed to it.
Page 2 of 8Discussion/observation:
5. In view of the above, the matter is adjourned. This Commission observed that the CPIO, O/o the Chief Electoral Officer, Delhi and the CPIO, ECI should be present before the Commission on the next date of hearing to explain this matter.
Interim Decision dated 03.10.2018:
6. The CPIO, O/o the Chief Electoral Officer, Delhi and the CPIO, ECI are directed to take action as per para 5 above.
7. The Deputy Registrar is directed to fix a hearing in the matter after 15 days. Separate notice be issued to all the parties.
8. The matter has been rescheduled for hearing on 30.10.2018 at 12:15 PM.
Hearing held on 30.10.2018:
9. The appellant was personally present in the hearing. The respondent no. 2, Sh. Parvesh Kumar, Section Officer was personally present in the hearing. The respondent no. 1 was absent.
10. The appellant had sent his written submission dated 03.10.2018, which is taken on record. The respondent no. 2 had sent their written submission dated 30.10.2018, which is taken on record.
11. The appellant stated that till date complete and correct information has not been provided to him by the respondents. The appellant stated that penalty should be imposed on the respondents.
Page 3 of 812. The respondent no. 2 stated that on 28.07.2018, reply/information has been provided to the appellant.
Discussion/observation:
13. The Commission is of the view that the reply dated 28.07.2018 given by the respondent no. 2 is not correct. The respondent no. 2 should transfer the RTI application dated 05.01.2017 on point nos. 1 to 7 to the concerned Public Authority(s), within 5 days from the date of receipt of this order, who in turn should give reply to the appellant within 30 days thereafter. The respondent no. 2 should give specific reply to the appellant on point no. 8 of his RTI application, within 15 days from the date of receipt of this order.
Interim Decision dated 30.10.2018:
14. The respondent is directed to comply with para no. 6 above and send copy of their reply to the appellant and the Commission
15. The Deputy Registrar is directed to fix hearing in the matter after 40 days. The Deputy Registrar should send notice of hearing to the CPIOs of Public Authority(s) to whom the RTI application will be transferred by respondent no. 2
16. The respondent no. 1 is directed to show-cause in writing the reason that why action should not be taken against him for not attending the hearing before the Commission.
17. The matter has been rescheduled for hearing on 04.04.2019 at 12:50 PM.
Page 4 of 8Hearing on 04.04.2019:
18. The appellant's representative Shri Gaurav Pandey and the respondent Shri John P. Minj, Asstt. Commissioner/ERO, O/o Chief Electoral Officer, Kashmere Gate, New Delhi, Shri B.B. Mittal, Executive Engineer, Northern Railway, Kashmere Gate, New Delhi and Shri Gopinathan T.K., Administrative Officer, North Delhi Municipal Corporation, New Delhi were present in person.
19. The appellant's representative submitted that though the appellant has received the information sought for on point nos. 3 and 4 of the RTI application, from the CPIO, Delhi Development Authority, New Delhi, no reply has been received from the CPIO, Northern Railway, Kashmere Gate, New Delhi and the CPIO, North Delhi Municipal Corporation, Kashmere Gate, New Delhi. He also submitted that the appellant has not received any information on point no. 8 of the RTI application i.e. on what basis and grounds the people who are living in temporary shanties or make-shift arrangements out of the said 1222 voters, have been included in voter list.
20. The respondent, O/o Chief Electoral Officer, Kashmere Gate, New Delhi submitted that in compliance with the Commission's direction dated 30.10.2018 the RTI application dated 05.01.2017 was transferred to the CPIO, Northern Railway, Kashmere Gate, New Delhi, CPIO, Delhi Development Authority, Vikas Sadan, New Delhi and CPIO, North Delhi Municipal Corporation, New Delhi as the information sought for pertains to the above said public authorities.
21. The respondent, O/o Northern Railway, Kashmere Gate, New Delhi submitted that on point nos. 5 and 6 of the RTI application the appellant, while Page 5 of 8 seeking certain information pertaining to the said 1222 voters who are residing in Part 78 of Chandni Chowk Assembly (AC-20) in Delhi, stated that the said voters were allowed to stay in the houses by the Northern Railway. However, the said area does not pertain to the Northern Railway. A letter dated 03.04.2019 has already been sent to the appellant in this regard. He clarified that the Dy. General Manager (Legal) is the CPIO, O/o Northern Railway, Kashmere Gate, New Delhi.
22. The respondent, O/o North Delhi Municipal Corporation, Kashmere Gate, New Delhi submitted that they have received the RTI application only on 03.04.2019 i.e. a day before the hearing as the CPIO, O/o Chief Electoral Officer, Kashmere Gate, New Delhi transferred the RTI application to the CPIO/the Administrative Officer (NDMC), DB Gupta Road, Anand Parbat, New Delhi, which is not the correct address of the CPIO, O/o North Delhi Municipal Corporation, New Delhi. The respondent stated that due to above said no reply could be furnished to the appellant. He assured that he will provide an appropriate reply to the RTI application as per the provisions of the RTI Act.
Decision:
23. The Commission, after hearing the submissions of all the parties and perusing the records, observes that the information sought vide point no. 8 of the RTI application is clarificatory in nature, which does not fall within the definition of 'information' as per Section 2(f) of the RTI Act. The Commission further observes that appellant has not received any reply from the CPIO, Northern Railway, Kashmere Gate, New Delhi and the CPIO, North Delhi Municipal Corporation, Kashmere Gate, New Delhi. As per the respondent, O/o Northern Railway, Kashmere Gate, New Delhi, the area i.e. Part 78 of Chandni Chowk Page 6 of 8 Assembly (AC-20) in Delhi does not pertain to the Northern Railway. The Commission, therefore, directs the CPIO, Northern Railway to file an affidavit with the Commission deposing that the land/houses in Part 78 of Chandni Chowk Assembly (AC-20) in Delhi do not belong to the Northern Railway. Hence, no information can be provided to the appellant. A copy of the affidavit shall also be provided to the appellant.
24. The Commission also directs the CPIO, O/o North Delhi Municipal Corporation, Kashmere Gate, New Delhi to provide an appropriate reply in response to the appellant's RTI application, to him, within a period of four weeks from the date of receipt of a copy of this order.
25. With the above observations, the appeal is disposed of.
26. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 09.04.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 7 of 8 Addresses of the parties:
1. The Central Public Information Officer (CPIO), Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001
2. The Central Public Information Officer (CPIO), O/o Chief Electoral Officer, Old St. Stephen's College Building Kashmere Gate, New Delhi-110006
3. The Central Public Information Officer (CPIO), Dy. General Manager (Legal) Northern Railway, Kashmere Gate, New Delhi-110006
4. The Central Public Information Officer (CPIO), Delhi Development Authority, Vikas Sadan, New Delhi-110023
5. The Central Public Information Officer (CPIO), O/o Dy. Commissioner City SP Zone North Delhi Municipal Corporation Old Hindu College Building Kashmere Gate, New Delhi
6. Shri Vishal Pandey Page 8 of 8