Central Information Commission
Adv Naveed Bukhtiyar And Faisal Bashir ... vs Housing & Urban Development Department ... on 23 October, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
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/HUDJK/A/2023/652916
Shri Adv Naveed Bukhtiyar and Faisal Bashir ... अपीलकताग/Appellant
shah
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Housing & Urban Development Department UT of
J&K
Date of Hearing : 21.10.2024
Date of Decision : 21.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 31.10.2022
PIO replied on : 24.12.2022
First Appeal filed on : 25.02.2023
First Appellate Order on : - -
2 Appeal/complaint received on
nd : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 31.10.2022 seeking information on following points:-
1) "List of permission allotted to a commercial buildings, please provide details in whose favour such permission has been issued. (Information for last 5 years)
2) List of all items purchased by SMC in the last 6 years.
3) Amount of collected in last 10 years, please mention which department and section as well.
xerox copy of expenditure bills, and Audit report of all departments and sections for last 10 years.
5) Provide a list of work done by SMC in wards 57,58,70 last 7 years and with all reports of tenders issued by official and biding details
6) Provide a detailed list of the transport used to collect solid waste and biodegradable waste. all vehicle service reports and consumption of fuel.
7) No. of vacant posts in SMC, mention name and pay scale as well. Status report of section 4(b) on proactively disclosure of such information.
Page 1
8) Inspection of files and relevant documents of above-Sought Information under section 2 (j)(i) of the RTI Act
9) If the information sought is huge and Bulky please provide me the requested information in any electronic form as mentioned under section 2(j)(iv)."
The CPIO vide letter dated 24.12.2022 replied as under:-
S.No. Requisite Information Reply
i. Point No. 1 to Point No. VI Does not pertain to this office
ii No. of vacant posts in Name of Post and Pay Scale No. of
SMC, mention name and Vacant
pay scale as well Posts
Junior Assistant 39
Level-4 (25500-81100)
Tax Assistant/Works 16
Supervisor (G-V)
Level-2 (19900-63200)
Helper/Orderly/Peon/Class 50
IV/Chowkidar/Demolition
Squad
SL-1(14800-47100)
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.02.2023 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Muzaffar Ahmad The Appellant contended that he has not received the complete information from the CPIO. It was submitted that information sought at Point No. i to vi have not been disclosed.
Decision:
Upon the perusal of the case records and the submissions made by the Appellant, the Commission directs the CPIO to revisit the RTI and provide a correct and accurate point wise reply to the Appellant within 30 days from the date of receipt of this order. In doing so PIO must make sure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the Appellant and same must Page 2 be redacted under section 10 of the RTI Act, 2005 prior to the said disclosure. Further if the information sought by the Appellant is voluminous in nature or falls under the exemption provided under section 7(9) of RTI Act, 2005 then such information should not be disclosed to the Appellant. The CPIO is further directed to also send a compliance report of this order to the Commission within one week thereafter.
In the light of above directions to the CPIO, the Appeal stands disposed off.
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 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)