Central Information Commission
Adarsh Kumar Handa vs Office Of The Additional Distt. ... on 28 April, 2023
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीय सच
ू ना आयोग
Central Information Commission
बाबा गगं नाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
द्वितीय अपील सख्ं या / Second Appeal No.:- CIC/DOREV/A/2022/628240/ADDDM -UM
Mr. ADARSH KUMAR HANDA 1
....अपीलकताा/Appellant
VERSUS
बनाम
CPIO,
Nodal Officer(RTI Cell)
O/o THE LAND ACQUISITION
COLLECTOR/ADM(EAST), GNCTD,
L M Bund, Shastri Nagar,
Delhi-110031
....प्रद्वतवादीगण /Respondent
Date of Hearing : 17.04.2023
Date of Decision : 28.04.2023
Date of RTI application 31-12-2021
CPIO's response 14-03-2022
Date of the First Appeal 08-02-2022
First Appellate Authority's response 03-03-2022
Date of diarized receipt of Appeal by the Commission
ORDER
FACTS The Appellant vide his RTI application sought information on following points: Page 1 of 3
The CPIO vide letter dated 14-03-2022, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant approached the FAA. The FAA vide order dated 03-03-2022 directed the CPIO to forward to other PIO. Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: The appellant attended the hearing in person. Respondent: The respondent was not present despite notice.
The respondent remained absent during the hearing despite notice. The Appellant reiterated the contents of the RTI application and submitted that no information was furnished to him by the CPIO. The appellant further stated that there should be a time limit for examining the case or complaint. He said they are misleading him since 2020 and saying the case or complaint is under examination. Further, the appellant informed that saving guilty employees or officers or protecting allegedly errant officers by giving Page 2 of 3 false information comes under the category of criminal offense as IPC Section 182 &
218.
DECISION:
Keeping in view the facts of the case and the submissions made by the appellant and after perusal of the documents available on record, the Commission directs the Respondent to furnish correct and complete information to the Appellant, free of cost, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the date of receipt of this order under the intimation to the Commission.
Moreover, the Commission takes a serious view of the absence of the CPIO, LAC/ADM (East), LM Bund, Shastri Nagar, Delhi despite the notice. The Commission directs him to submit a written statement before the Commission, explaining his absence, along with the comments of the First Appellate Authority, before 28.04.2023, both by post and by uploading on http://dsscic.nic.in/online-link-paper-compliance/add.
The Appeal stands disposed of accordingly.
(Uday Mahurkar) (उदय माहूरकर)
(Information Commissioner) (सच ु )
ू ना आयक्त
Authenticated true copy
(अद्विप्रमाद्वणतएवंसत्याद्वपतप्रद्वत)
(R. K. Rao) (आर.के . राव)
(Dy. Registrar) (उप-पजं ीयक)
011-26182598
द्वदनांक / Date: 28.04.2023
GS
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