Central Information Commission
Rajinder Malhotra vs Ut Of Jammu And Kashmir on 18 April, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2022/155697
Shri Rajinder Malhotra ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, UT of Jammu and Kashmir ...प्रनतवािीगण /Respondent
Date of Hearing : 16.04.2024
Date of Decision : 16.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 05.01.2022
PIO replied on : NA
First Appeal filed on : 05.02.2022
First Appellate Order on : NA
2 Appeal/complaint received on
nd : 05.12.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 05.01.2022 seeking information on nine points, some of which are as under:-
"1) About Total land which falls under Khewat No.2 at Village Lehrian, Tehsil Akhnoor, District Jammu, alongwith Khasra Numbers falling in Khewat No.2 with area of land under each Khasra number
ii) Information about present status of land falling under Khewat No.2, Khewat No.3, Khewat No.11 and Khewat No.12 at Village Lehrian, giving status of land under each Khasra Number of instant Khewats.
iii) About Cultivators under whose cultivation land under Khewat No.11, Khewat No.12 Khewat No.3 and Khewat No.2 at Vill. Lehrian Tehsil Akhboor.
Provide the copy of Khasra Girdawari of the instant land under each Khasra Number.
iv) About any area/portion of land falling within Khewat Nos 2, 3, 11 and 12 at Vill Lehrian, Tehsil Akhnoor, has occupied by the Army under acquisition, Or is within the purview of Occupation under army. Etc."
Aggrieved by non-receipt of any response from the CPIO within time limit, the Appellant filed a First Appeal dated 05.02.2022 which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 1 Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: None Respondent: None was present during hearing. None present for either party despite service of hearing notice in advance.
Decision:
In the light of the above discussion, the Respondent - PIO, Tehsildar, Akhnoor is hereby directed to send a point wise reply to the Appellant, furnishing information strictly in terms of the provisions of the RTI Act, within two weeks of receipt of this order. The Respondent must be cautious and ensure that only generic information permissible under the RTI Act is provided to the Appellant while information related to third party or any other information falling within the purview of the exemption clause of the RTI Act is not disclosed, as mandated under provisions of the RTI Act. The Respondent shall also submit a compliance report in this regard before the Commission in this regard within one week thereafter.
Considering the fact that unexplained absence of the Respondent- PIO, Tehsildar, Akhnoor has vitiated the proceedings in clear violation of the provisions of the RTI Act, the Respondent- PIO, Tehsildar, Akhnoor is directed to submit an explanation for wilful violation of the provisions of the RTI Act by unexplained absence during hearing. The explanation should reach the Commission within four weeks of receipt of this order, failing which appropriate action shall be initiated, in terms of law.
It is made clear that non-adherence of the aforementioned two directions shall attract penal action as per law.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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