Central Information Commission
Mr. Joginder Singh vs Office Of Dy. Commissioner, Sw-Zone on 31 March, 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/2010/000392/7315
Appeal No.CIC/SG/A/2010/000392
Appellant : Mr. Joginder Singh,
House No. 47-A
Munirka Village,
New Delhi-110067
Respondent : Mr. Vivek Kumar Tripathi
Public Information Officer & SDM, Office of Dy. Commissioner, SW-Zone, Old Terminal Tax Building, Kapashera, New Delhi - 110037 RTI applications filed on : 30/10/2009 PIO replied : No Reply First Appeal filed on : 23/12/2009 First Appellate Authority order : 18/01/2010 Second Appeal Received on : 15/02/2010 Notice of Hearing Sent on : 03/03/2010 Hearing Held on : 31/03/2010 Information Sought:
Appellant sought information regarding getting the OBC certificate of GNCTD:
1. What is the procedure to get an OBC certificate made in case of a married woman if she was also the resident of Delhi before marriage?
2. Is ration card accepted as a resident proof for making OBC certificate?
3. How one can prove that he/she has been living in Delhi since 1993 in case of tenant? Do you accept owner declaration as a proof in this regard?
4. Is it must to have property in Delhi in the name of self/family member for obtaining OBC certificate?
5. How can declare the own/family income for obtaining OBC certificate?
6. If a woman who was a resident of Delhi and got married to someone who was also the resident of Delhi. What proofs she has to produce/attached for obtaining OBC certificate?
7. Does verification takes place at both the homes of married woman i.e. pre marriage and post marriage?
8. In case of she got married from her home town (outside Delhi) is the innovation card of marriage accepted in this case.
PIO's Reply:
No response from the PIO.
Grounds for First Appeal:
Reply was not provided by the PIO even after 30 days. Order of the First Appellate Authority:
APIO was directed to reply within 10 days.
Grounds for Second Appeal:
PIO has not replied till date.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Joginder Singh;
Respondent: Mr. B. L. Meena, Naib Tehseeldar on behalf of Mr. Vivek Kumar Tripathi, Public Information Officer & SDM It appears that it is difficult to establish whether the RTI application reached to the PIO. The Appellant states that the First Appellate Authority (FAA) sent the letter on 09/01/2010 asking him to appear for the hearing on 14/01/2010. Since he did not get the letter before 14/01/2010 he did not appear in the hearing. The FAA must ensure that the letter for hearing must posted atleast one week before the hearing. The FAA had ordered on 18/01/2010 that information should be delivered with in 10 days. The PIO states that he received this order on 22/01/2010 and furnished the reply on 03/02/2010. The FAA's order mentions that "a copy of the application was handed over to the APIO with the direction to furnish the reply with in 10 days." Mr. B. L. Meena who has come for the hearing states that this was infact given to Mr. Surender Kumar then APIO who is now been transferred. Hence Mr. Surender Kumar was responsible for not replying within 10 days.
A perusal of the information provided on 03/02/2010 shows that this is not really giving any information. The Appellant claims that he has not received the information supposed to have been sent on 03/02/2010.
Decision:
The appeal is allowed.
The PIO is directed to provide the detailed information to the queries of the Appellant before 10 April 2010.
Mr. B. L. Meena deemed PIO is directed to give proof that the letter of 03/02/2010 was sent to the Appellant. This proof will show entry in the diary register and proof of posting the information. This will be provided to the Commission and the Appellant before 10 April 2010.
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 31 March 2010 (In any correspondence on this decision, mention the complete decision number.)ASH