Central Information Commission
Sachin Tyagi vs Gnctd on 17 February, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/GNCTD/A/2023/145062
Sachin Tyagi .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO,
Sub-Registrar-I, Old Court
Compound, Kashmere Gate,
Delhi - 110006 ....प्रनर्वािीगण /Respondent
Date of Hearing : 13.02.2025
Date of Decision : 17.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 04.06.2023
CPIO replied on : Not on record
First appeal filed on : 29.07.2023
First Appellate Authority's order : 29.08.2023
2nd Appeal/Complaint dated : 08.11.2023
Information sought:
The Appellant filed an RTI application dated 04.06.2023 (online) seeking the following information:
"Please provide the information under RTI Act-2005 for the queries given below:Page 1 of 4
1. Has Rajkumar Tyagi S/o Late. Sh. Malkhan Singh sold the property on Kh. No.326, Extended Lal Dora, Burari village. Delhi through Registration of Sale Deed or any other mode.
2. If Yes, Please Provide the certified copy of Registration of Sale Deed for the same."
Not having received any response from the CPIO, the appellant filed a First Appeal dated 29.07.2023. The FAA vide its order dated 29.08.2023, held as under:
"Mr. Sachin Tyagi had filed an appeal under Sec. 19(1) of Right to Information Act, 2005 on 29/07/2023.
Case called on 18.08.2023. Present Sh. Sachin Tyagi, Appellant during the hearing, however none present From PIO/SR-I(Kashmere Gate). Gone through the records/documents placed in the file. The appellant has not been satisfied with the reply.
Hence, PIO/SR-I(Kashmere Gate), is directed to provide the reply once again as per the RTI Act, 2005 within a week from the receipt of this order.
Appeal is disposed of with above direction."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Not Present.
The Appellant and the Respondent were not present in the hearing despite receipt of hearing notice in advance.Page 2 of 4
Decision:
The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the Appellant in his second appeal is aggrieved that no information was provided to him by the Respondent till date. The Commission further observes that the FAA vide its order dated 29.08.2023 had specifically given directions to the PIO that "PIO/SR-I(Kashmere Gate), is directed to provide the reply once again as per the RTI Act, 2005 within a week from the receipt of this order."
There is nothing on record to show that any reply was given to the Appellant on his RTI application after the directions given by the First Appellate Authority. It shows mala fide intent of the PIO in obstructing the information under the RTI Act.
In view of the above observations, the Commission directs the Respondent to provide reply/information sought in the above-mentioned RTI application to the Appellant as per the directions given by the FAA.
The aforesaid direction shall be complied with by the CPIO within four weeks from the date of receipt of this order.
Notwithstanding the above order, since the PIO remained absent during the hearing proceedings to present their case besides not providing requested information under the RTI Act, the PIO is directed to show-cause in writing as to why maximum penalty should not be imposed on her/him for contravening the provisions of the RTI Act and for disregarding the Commission's notice of hearing by not appearing before the Commission. The written submissions of the PIO shall be sent to the Commission within four weeks of the receipt of this order.
The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Page 3 of 4 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, ADM, Central District, 14, Daryaganj, New Delhi - 110002 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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