Central Information Commission
Dheeraj Kumar Mishra vs Revenue Department on 20 February, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/REVDP/A/2023/140467
Dheeraj Kumar Mishra .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Revenue Department,
5, Shamnath Marg, Delhi - 110054 .... ितवादीगण /Respondent
Date of Hearing : 11.02.2025
Date of Interim Decision : 19.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 10.01.2023
CPIO replied on : 19.04.2023
First appeal filed on : 25.05.2023
First Appellate Authority's order : 08.08.2023
2nd Appeal/Complaint dated : 05.10.2023
Information sought:
The Appellant filed an RTI application dated 10.01.2023 (online) seeking the following information:
"1. Name of Companies who filed application for payment of stamp duty on issue of Physical Shares after expiry of 30 Days from date of Physical Share Certificate during 01.04.2020 to 31.03.2021.
2. Amount of Stamp Duty determined for each "such Company who had applied for payment of stamp duty on issue of Physical Shares after Page 1 of 4 expiry of 30 Days from date of Physical Share Certificate during 01.04.2020 to 31.03.2021"
3. Amount of Fine/Penalty determined for each "such Company who had applied for payment of stamp duty on issue of Physical Shares after expiry of 30 Days from date of Physical Share Certificate during 01.04.2020 to 31.03.2021"
4. Amount of Stamp Duty paid by each "such Company who had applied for payment of stamp duty on issue of Physical Shares after expiry of 30 Days from date of Physical Share Certificate during 01.04.2020 to 31.03.2021"
5. Amount of Fine/Penalty paid by each "such Company who had applied for payment of stamp duty on issue of Physical Shares after expiry of 30 Days from date of Physical Share Certificate during 01.04.2020 to 31.03.2021"."
The PIO furnished a point-wise reply to the Appellant on 19.04.2023 stating as under:
"1. That the information is sought by you is not covered under the definition of information under Section 2 (n) of the RTI Act, 2005.
2. As above Point No. 1.
3. As above Point No. 1.
4. As above Point No. 1.
5. As above Point No. 1."
Being dissatisfied, the appellant filed a First Appeal dated 25.05.2023. The FAA vide its order dated 08.08.2023 held that reply has already been provided to the appellant by the PIO vide his letter dated 19.04.2023.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
A written submission dated 10.02.2025 has been filed by Shri Balram Meena, ADM (Hq.)/Collector of Stamps-cum-PIO is taken on record. Contents of the same are reproduced below:
"...At the outset, I am to say that I have been appointed as Returning Officer in the Delhi General Legislative Assembly Election, 2025 and due to being busy in Page 2 of 4 election duties, Sh. Bhawani Prasad, Section Officer will appear in Central Information Commission and produce the relevant record on dated 11/02/2025 at 12.35 p.m. .........
In the above matter, it is submitted that the RTI reply was disposed off online on dated 19/04/2023. The information sought by the applicant is not covered under the definition of information under section 2 (n) of the RTI Act, 2005. Later, the applicant filed the appeal before the First Appellate Authority (F.A.A). The First Appellate Authority vide his order dated 08/08/2023 has disposed the RTI appeal and order that:-
"Both the Appellant and Respondent were heard during the hearing. The reply of RTI application has been provided to the Appellant on 19/04/2023, which has been received by the Appellant as per RTI Act. In view of the above, the First appeal stands disposed of and ordered accordingly"...."
Relevant facts emerged during hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Bhawani Prasad, S.O. on behalf of Shri Balram Meena, ADM Hq./ Collector of Stamps present in person.
The appellant expressed his dissatisfaction with the fact that information has been vaguely denied by the PIO without any reasonable explanation.
To a query from the Commission regarding absence of PIO, the representative of respondent stated that he is busy in Delhi Assembly Election's closure duty. On the advice of the bench, the respondent's representative contacted the PIO on phone call and informed during hearing that he has sought adjournment in the matter to present his case on the next date of hearing.
Decision:
At the outset, it is observed from perusal of the records that the reply given by the PIO vide letter dated 19.04.2023 denying information to the appellant by quoting wrong clause of the RTI Act is inappropriate. Moreover, the representative of the respondent has failed to discharge the onus of establishing denial of information under Section 19 (5) of the RTI Act, which is not appreciated.Page 3 of 4
The Commission, after adverting the facts and circumstances of the case and perusal of records, observed that the PIO has requested the bench for adjournment of the instant case due his engagement in the closure of Delhi Assembly Election Duty, 2025. Accordingly, in the interest of justice, the matter is adjourned. The Registry of this bench is directed to issue a fresh hearing notice to the Appellant as well as the Respondent through speed post and via email at <csdheerajmishra[at]gmail[dot]com> and <sdmhq4duromm[dot]delhi[at]nic[dot]in> and re-schedule the instant matter on an early date in due course preferably within 4 weeks of the date of issuance of this order.
Meanwhile, the respondent is directed to revisit the contents of RTI application and provide a revised point-wise updated reply, strictly as per the provisions of the RTI Act, free of cost to the appellant.
The appeal is adjourned accordingly.
Vinod Kumar Tiwari (िवनोद कु मार ितवारी) Information Commissioner (सूच ना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Revenue Department, 5, Shamnath Marg, Delhi - 110054 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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