Central Information Commission
Jaipal Singh Rana vs Revenue Department on 30 April, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DOREV/A/2023/609163 and CIC/REVDP/A/2023/627923.
JAIPAL SINGH RANA .....अपीलकर्ाग /Appellant
VERSUS
बनाम
1. PIO,
O/o the Divisional Commissioner,
Revenue Department, 5, Sham
Nath Marg, Delhi - 110054
2. PIO,
SDM Vigilance, HQ, 5, Sham
Nath Marg, Delhi - 110054. ....प्रनर्वािीगण /Respondents
Date of Hearing : 26-04-2024
Date of Decision : 30-04-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The abovementioned Appeals have been clubbed together for decision as
these are based on similar subject of information of the same Appellant.
Relevant facts emerging from appeals:
RTI applications filed on : 20-06-2022, 06-03-2023
CPIO replied on : 30-06-2022, N.A.
First appeals filed on : 01-08-2022, 10-04-2023
First Appellate Authority's order : 18-03-2023, 18-05-2023
2nd Appeals/Complaint dated : Nil
Page 1 of 18
CIC/DOREV/A/2023/609163
Information sought:
The Appellant filed an RTI application dated 20-06-2022 seeking the following information:
बिन्दु संख्या 1:- अतिरिक्ि जिलाधीश नई ददल्ली, केस संख्या:- 153/2010-CA कोर्ट ऑन इट्स ओन मोशन, खेडा कलााँ पि िो िााँच की गई है उसकी रिपोर्ट अतिरिक्ि जिलाधीश नई ददल्ली 'द्वािा संभागीय आयुक्ि ' के कायाटलय में िमा की गई है , उस िााँच रिपोर्ट की सत्यापपि प्रति कृपया दे वे।
बिन्दु संख्या 2:- अतिरिक्ि जिलाधीश नई ददल्ली द्वािा िााँच की गई स्क्रूर्नी रिपोर्ट पवत्तीय आयुक्ि ददल्ली कायाटलय 5, शाम नाथ मागट केस संख्या 153 / 2010 CA में िमा कि दी गई है , उस स्क्रूर्नी रिपोर्ट व उससे सम्िंधधि कागिािो की सत्यापपि प्रति कृपया दे व।े बिन्दु संख्या 3 :- पत्र संख्या:-F1/PA/ADM/ND INQUIRY/KHERA KALAN 2021884 ददनांक 09-02-2021 के पत्र की फोर्ोकॉपी संलग्न है , इस पत्र पि की गई पवभागीय कायटवाही से सम्िंधधि िााँच के कागिाि की सत्यापपि प्रति कृपया दे वे।
बिन्दु संख्या 4:- फाईल संख्या 51 / CO/KK/AP/2019/1732-33 ददनांक- 17-01- 2019 के पत्र की फोर्ोकॉपी संलग्न है , इस पत्र पि की गई कायटवाही से सम्िंधधि कागिाि की सत्यापपि प्रति कृपया प्रदान किे । बिन्दु संख्या 5:- केस न० 153 2010 ददनांक:-10-01-2019 के आदे श पवत्तीय आयुक्ि ददल्ली की फोर्ोकॉपी संलग्न है , इस पत्र की बिन्दु संख्या 1 व 2 संभागीय आयुक्ि द्वािा ददए गए सपथ पत्र व िााँच कायटवाही से सम्िंधधि कागिाि की सत्यापपि प्रति कृपया दे वे।
बिन्दु संख्या 6:- बिन्दु संख्या 1 से 5 से सम्िंधधि सूचना अगि आपके कायाटलय में उपलब्ध नहीं है िो इससे सम्िंधधि संभागीय आयुक्ि या अतिरिक्ि Page 2 of 18 जिल्लाधीश को सूचना अधधकाि 2005 के अधधतनयम के अंिगटि इस पत्र को उनके पास िाए।
The PIO/Respondent No. 2 forwarded the RTI Application to the PIO/SDM, Legal Branch, O/o. Divisional Commissioner, on 30-06-2022 with the intimation to the Appellant.
As per the record, the S.O. (Admin), O/O D.M., New Delhi replied to the Appellant on 08-02-2023 stating as under -
"....No enquiry report is available in ADM branch and the enquiry report was sent to the Divisional Commissioner vide dispatch No. admn ewd /85 dated 31.01.2022."
Being dissatisfied, the appellant filed a First Appeal dated 01-08-2022. The FAA vide its order dated 18-03-2023, held as under:-
"Whereas notice issued to both the parties to appear for 28.02.2023, but hearing was not held, due to PO was busy in administrative work, so, case adjourned for 21.03.2023. On 21.03.2023, O.P Sayal Balief on behalf of PIO/SDM/AP and Sh Jaipal Singh Rana appellant were present. During the hearing, Hence PIO/SDM/AP is directed to provide point wise and correct. information, reply & should ensure correct reply be provided with RTI questions in prescribed format to the appellant within 07 days as per RTI Act-2005.
Appeal is disposed off accordingly".
CIC/REVDP/A/2023/627923 Information sought:
The Appellant filed an RTI application dated 06-03-2023 seeking the following information:
A. "That, through RTI, it was informed by the Section Officer (Admin.) vide, letter No. F.11(250)/DC/ND/Misc/2022/7792 dated 08.02.2023 of Section Officer (Admin.) 12/1 Jam Nager House, Shahjahan Road, New Page 3 of 18 Delhi-110011, that the ADM (D.Karthekeyan) N.Delhi has personaly submitted the Inquiry Report to the SDM (Vigilance) in Divisional Commissioner's office, vide dispatch No.admn letter 31.01.2022. (The F.11(250)/DC/ND/Misc/2022/7792 dt. 08.02.2023 is enclosed as Annexure-1).
Q1. Kindly, provide the certified copy of above said Inquiry report of ADM New Delhi, dt 31.01.2022, conducted inquiry into the irregularities committed in consolidation process of village Khera Kalan.
Q2. Provide the name and designation of the officer and diary number of your Vigilance office (H.Q.), 5, Shamnath Marg Delhi, in whose tenure, the above said Inquiry report of ADM New Delhi, dt 31.01.2022 has been submitted/deposited in your Vigilance office (H.Q.).
Q3. Please give in detail that, the ADM (D.Karthekeyan) N. Delhi has submitted the above said Inquiry report dt 31.01.2022, in sealed packet or in file cover.
Q4. Please give the information that, SDM (Vigilance), (H.Q.) has submitted the above said Inquiry report of ADM, New Delhi, dt. 31.01.2022, in the Hon'ble Court of Financial Commissioner, in case No. 153/2010-CA, titled as Court of its own motion V/S C.O. and others.
Please reply.
Q5. If the SDM (Vigilance), H.Q., has submitted, the above said Inquiry report of ADM, New Delhi, dt. 31.01.2022, in the Hon'ble Court of Financial Commissioner, Delhi, in case No. 153/2010-CA, titled as Court of its own motion. V/S C.O. and others. Please give the information regarding the date of submission and diary dispatch number. Also, provide the certified copy of the above said report.
Q6. Kindly provide the name, designation and present placement of the officers, who has work/posted as SDM (Vigilance) H.Q. 5, Shamnath Marg Delhi, from 01.12.2021 to 01.02.2023.
Page 4 of 18Q7. Kindly provide the certified copy of the order of Vigilance Branch, 5, Shamnath Marg, Delhi, No.FB/CO/AP/North/2017/1128-31, dt. 08.06.2018 for conducting inquiry into the irregularities committed in consolidation process of village Khera Kalan in the year 1996, by ADM, (New Delhi). Sd- (P.R.Kaushik), OIC (VIG.)/SDM-1 (H.Q.).
B. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors., vide orders dated, 17.10.2017, 23.11.2017, 04.01.2018, 18.09.2018, 10.01.2019, 14.05.2019, 04.07.2019, 28.11.2019, 01.02.2022 and 12.07.2022, the Hon'ble Court of Financial Commissioner directed to Divisional Commissioner for taking action on the report of irregularities carried out in the consolidation of village Khera Kalan and to ensure that no irregularities is carried out or remains in the entire process of consolidation before records are consigned.
Q.1. On the above said orders of the Hon'ble Court of Financial Commissioner, whether the Divisional Commissioner, has complied the directions of the Court or not. Also filed the Affidavits in the Court or not. Please reply in written.
Q.2. If the Divisional Commissioner has filed the Affidavits on the above said orders of the Hon'ble Court of Financial Commissioner. Kindly Provide the certified copies of the Affidavits filed by the Divisional Commissioner Delhi and action plan.
B1. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors., the Hon'ble Court of Financial Commissioner said in his order dated 29.06.2017, that the Divisional Commissioner had directed that the irregularities brought to the notice of Director (Vigilance). (true copy of F.C. order dated 29.06.2017 in case no. 153/10-CA is attached as Annexure-2).
Q.1. That, any action has been ever taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of the Hon'ble Court of Financial Commissioner order dt. 29.06.2017. Please reply in written.
Page 5 of 18Q.2. If any action has been taken, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions the Hon'ble Court of Financial Commissioner, order dt. 29.06.2017. Please provide the certified copies of the action taken of the same.
B-2. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors, the Hon'ble Court of Financial Commissioner said in order dated 17.10.2017, that, the comments of Divisional Commissioner be called for as to what action has been taken by the department to the report of irregularities carried out in the consolidation of village Khera Kalan as already ordered by this Court on 29.06.2017. (true copy of F.C. order dated 17.10.2017 in case no. 153/10-CA is attached as Annexure-3).
Q.1. That any action has been ever taken or not, by your Vigilance Department (H.Q.), 5, Shamnath Marg, Delhi, on the directions the Hon'ble Court of Financial Commissioner, order dt. 17.10.2017. Kindly reply in black and white.
Q.2. If any action has been taken, by your Vigilance Department H.Q. 5, Shamnath Marg Delhi, on the directions the Hon'ble Court of Financial Commissioner, order dt. 17.10.2017, Please provide the certified copies of record of the same.
B-3. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors., the Hon'ble Court of Financial Commissioner issued final notice to Divisional Commissioner, vide order dated 23.11.2017, to comply with the directions of this Court dated 17.10.2017. (true copy of F.C. order dated 23.11.2017 in case no. 153/10-CA is attached as Annexure-4).
Q.1. That any action has been ever taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the final notice to Divisional Commissioner to comply with the directions of the Hon'ble Court of Financial Commissioner dated 17.10.2017. Please reply.
Q.2. If any action has been taken, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi-110054, on the directions of the Hon'ble Court of Page 6 of 18 Financial Commissioner, order dt. 23.11.2017. Kindly provide the certified copies of the record of the action taken.
B-4. In case no. 153/2010-CA, titled as Court of its own motion V/S C.D. & Ors., the Hon'ble Court of Financial Commissioner directed, vide order dt. 04.01.2018, to submit action taken report against officials responsible for the irregularities in consolidation. (true copy of F.C. order dated 04.01.2018, in case no. 153/10-CA is attached as Annexure-5).
Q.1. That any action has been ever taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of Hon'ble Court of Financial Commissioner, order dt. 04.01.2018, or not. Please reply.
Q.2. If any action has been taken, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of Hon'ble Court of Financial Commissioner, order dt. 04.01.2018. Kindly provide the certified copies of action taken report, against officials responsible for the irregularities in consolidation.
B-5. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors., the Hon'ble Court of Financial Commissioner ordered on dt. 18.09.2018, that the Divisional Commissioner is directed to submit a detailed report on the alleged irregularities of consolidation process of village Khera Kalan within 30 days.
Further, the Hon'ble Court said that C.O. is not interested in assisting the Court to find out about the nature and extent of irregularities committed during the consolidation. It appears that he is not discharging his duties. The Hon'ble Court of Financial Commissioner, directed to the Deputy Commissioner (North-West) for taking the appropriate action against the C.O. Alipur in this regard. (true copy of F.C. order dated 18.09.2018 in case no. 153/10-CA is attached as Annexure-6).
Q.1. That any action was ever taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of the Hon'ble Court of Financial Commissioner, order dt. 18.09.2018.
Page 7 of 18Q.2. If any action has been taken, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of Hon'ble Court of Financial Commissioner, order dt.18.09.2018. Kindly provide the certified copies of action taken records.
B-6. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors., the Hon'ble Court of Financial Commissioner order on dt. 10.01.2019, that since 17.10.2017, direction has been given to the Divisional Commissioner to submit report alleged irregularities in the consolidation of village Khera kalan.
Further the Hon'ble Court of Financial Commissioner said that, on 18.09.2018, the Divisional Commissioner was given final opportunity to submit report within one month regarding irregularties in the consolidation of village Khera Kalan. Except copy of orders stating that ADM, New Delhi has been appointed as I.O., No action seems to have been taken.
The Hon'ble Court of Financial Commissioner ordered that, the Divisional Commissioner to file Affidavit within two weeks stating that inquiry report will be submitted within one month from today. (true copy of F.C. order dated 10.01.2019, in case no. 153/10-CA is attached as Annexure7).
Q.1. That any action has been ever taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions dt. 10.01.2019, of the Hon'ble Court of Financial Commissioner.
Q.2. If any action has been taken, by your Vigilance Department H.Q. 5, Shamnath Marg. Delhi on the directions of the Hon'ble Court of Financial Commissioner, order dt. 10.01.2019. Provide the certified record of the same.
Q.3. The Affidavit has been filed or not, by your Vigilance Department H.Q.5, Shamnath Marg, Delhi on the directions of the Hon'ble Court of Page 8 of 18 Financial Commissioner, order dt. 10.01.2019. Please reply & provide the certified record of the same.
Q.4. If the Affidavit has been filed, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi on the directions of the Hon'ble Court of Financial Commissioner, order dt. 10.01.2019. Please provide the certified copy of the Affidavit filed in the Court.
B-7. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors., the Hon'ble Court of Financial Commissioner ordered on dated 14.05.2019 that, Affidavit and inquiry report from the Divisional Commissioner is still awaited. (true copy of F.C. order dated 14.05.2019, in case no. 153/10-CA is attached as Annexure-8).
Q.1. The Affidavit has been filed or not, by your Vigilance Department H.Q. 5, Shamnath Marg Delhi, on the directions of the Hon'ble Court of Financial Commissioner, order dt. 14.05.2019,. Please reply Q.2. If the Affidavit has been filled, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi on the directions of the Hon'ble Court of Financial Commissioner, order dt. 14.05.2019. Please provide the certified copy of the Affidavit filed in the Court.
B-8. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors., the Hon'ble Court of Financial Commissioner, ordered on dated 04.07.2019, that final opportunity is given to the Divisional Commissioner to file detailed report with Affidavit including inquiry report regarding irregularities. This may treated as final opportunity. (true copy of F.C. order dated 04.07.2019, in case no. 153/10-CA is attached as Annexure-9).
Q.1. That any action has been taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of the Hon'ble Court of Financial Commissioner's order dt. 04.07.2019. Kindly reply.
Page 9 of 18Q.2. If any action has been taken, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of the Hon'ble Court of Financial Commissioner's order dt. 04.07.2019. Provide the certified copies of record of action taken.
B-9. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors, the Hon'ble Court of Financial Commissioner said in his order dt. 28.11.2019, that, the final opportunity is given to Respondents to contest the case. (true copy of order dated 28.11.2019, in case no. 153/10-CA is attached as Annexure-10).
Q.1. That any action has been taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi on the directions of the Hon'ble Court of Financial Commissioner's order dt. 28.11.2019. Please reply.
Q.2. If any action has been taken by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of the Hon'ble Court of Financial Commissioner's order dt. 28.11.2019, Kindly provide the certified copies of the action taken.
B-10. In case no. 153/2010-CA, titled as Court of its own motion V/S C.O. & Ors., the Hon'ble Court of Financial Commissioner said in his order dt. 12.07.2022, that none appeared for the respondent C.O. On 05.02.2019 the report was called by the Court from the C.O. concerned. The same report is still awaited despite multiple opportunities being given. Accordingly, a cost of Rs. 20,000/- was imposed on the C.O. Khera Kalan. (true copy of order dated 12.07.2022 in case no. 153/10-CA is attached as Annexure-11).
Q.1. That any action has been taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi on the directions of the Hon'ble Court of Financial Commissioner vide order dt. 12.07.2022. Please reply.
Q.2. If any action has been taken, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of Hon'ble Court of Financial Page 10 of 18 Commissioner's order dt.12.07.2022. Kindly provide the certified copy of the action taken.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 10-04-2023. The FAA vide its order dated 18-05-2023, held as under:-
"An appeal filed by Sh. Jaipal Singh Rana (Appellant) under the Right to Information Act, 2005 in reference to his RTI application No 26627. The Appellant and Sh. Dharmendra, Assistant Section officer (Vigilance Branch, Revenue Department, HQ) were present on behalf of PIO/SDM (Vigilance Branch, Revenue Department (HQ) for the hearing pursuant to the notice issued in this regard.
Both the Appellant and Respondent were heard during the hearing. The PIO/SDM is directed to provide reply of RTI dated 6.3.2023 to the appellant in terms of RTI Act. In view of the above, the first appeal stands disposed of and ordered accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeals.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Accompanied with Shri K.S. Rana present in person.
Respondent No. 1: Shri Selvraj P. N, S.O/APIO accompanied with Shri Arvind Kumar, S.O./APIO (Land Branch) present in person.
Respondent No. 2: Shri Dherendra Singh, S.O. accompanied with Shri Sunil Anand, A.S.O and Shri Virender Kumar S.O. (all from office of SDM Vigilance) present in person.
A written submission has been filed by the PIO, Land (Hq) prior to the hearing, which is taken on record. For the sake of clarity, contents of the same are reproduced below -
CIC/DOREV/A/2023/609163 Page 11 of 18 "The facts in the case are as under:
1. An offiline RTI dated 20.06.2022 is received from applicant Sh. Jaipal Singh Rana in RTI Branch of Revenue (HQ), Revenue Department, 5 Sham Nath Marg Delhi-110054.
(Annexure-A)
2. The PIO RTI Branch transferred the said RTI vide (ID 25495) through letter No.ID No. 25495/RTI (Rev.)HQ/2022/2897-98 dated: 30.06.2022 to PIO Legal Branch. Revenue (HQ). (Annexure-B)
3. The PIO, Legal Branch further transferred the said RTI to PIO Land Branch. Vide letter No. 1(3)/RTI/LC/DC/2019/9352-53 dated: 08.07.2022. (Annexure-C)
4. Since, the matter pertains to Revenue District New Delhi, therefore the said RTI was transferred to PIO, district New Delhi to provide the necessary Information to the applicant. (Annexure-D)
5. On the scrutiny of the records it was noticed that the Section Officer (Admin), New Delhi District vide letter No. F. 11(250)/DC/ND/Misc/2022/7792 dated: 08.02.2023 informed the applicant that "no enquirey report is available in ADM branch and the enquiry report was sent to the Divisional Commissioner vide Dispatch No. admnewd/85 dated 31.01.2022" (Annexure-E)
6. After receiving the above said notice from the Hon'ble Central Information Commission the same was forwarded to concerned PIO, of New Delhi district.
7. It is also submitted before the Hon'ble CIC that on checking the record/diary register in Land Branch, it is submitted that no such file/inquiry report/complaint are received in Land Branch, Revenue (HQ), Revenue Department 5 sham Nath Marg, Delhi-110054.
xxx PIO, Land (HQ)"
The Commission has received a written submission from the Appellant vide letter dated 26-04-2024, extracts of which (case-wise) are reproduced below -
CIC/DOREV/A/2023/609163 "That an application under RTI Act was filed vide No.4039/SDM/AP dated 21.06.2022 before the Hon'ble PIO/SDM 0/0 DC (North), Office Complex, GTK Road, Alipur, Delhi- 110036, for providing the information from S.No.1-5. A Copy of application dated 21.06.2022 filed under RTI ACT-2005, is annexed herewith and marked as ANNEXURES-1.Page 12 of 18
That no reply/information has been furnished in response to the application filed under RTI Act-2005, by the PIO/SDM/AP Alipur, O/o DC (North), Office Complex, GTK Road, Alipur, Delhi-110036.
Further, First Appeal No.1120879 dated 02.08.2022 under section 19(1) of RTI Act has been filed before the ADM (North)/First Appellate Authority, against no reply/information furnished by the PIO/SDM/AP response to the RTI application. A Copy of First Appeal filed before the ADM(North)/First Appellate Authority, Alipur, against PIO/SDM/AP is annexed herewith and marked as ANNEXURES-2.
The ADM(North)/First Appellate Authority, (Nilesh Nishikant Gurav), ADM (North), O/o DC (North), Office Complex, GTK Road, Alipur, Delhi- 110036, directed the PIO/SDM/AP, Alipur Delhi, to provide pointwise and correct information/reply & should ensure correct reply be provided with RTI questions in prescribed format to the appellant within 7 days as per RTI Act-2005. Appeal is disposed off accordingly.
Further the First Appellate Authority has given liberty, if the Appellant is not satisfied with the this order/information provided, he may file an appeal before Central Informatiom Commission. A Copy of order passed by the First Appellate Authority, Alipur North Delhi is annexed herewith and marked as ANNEXURES-3.
That no reply/information has been furnished till today in response to the application filed under RTI Act-2005, by the PIO/SDM/AP Alipur, O/o DC (North), Office Complex, GTK Road, Alipur, Delhi-110036.
The second appeal No. 625308/2023 dated 30.05.2023 has been filed before the Hon'ble Information Commissioner, Central information Commission, Baba Gang Nath Marg, Munirka, N. Delhi-110067. A Copy of second appeal is annexed herewith and marked as ANNEXURES-4.
xxx It is prayed before the Hon'ble Information Commissioner to direct the PIO/SDM/AP to provide the certified documents of all records and pointwise & correct informations of RTI questions in prescribed format. The questions under RTI Act-2005 are:
1. The certified copy of Inquiry report of ADM, New Delhi dated 31.01.2022, conducted inquiry into the irregularities committed in consolidation process of village Khera Kalan Delhi (North).Page 13 of 18
2. The Inquiry report of ADM New Delhi dated 31.01.2022, conducted inquiry into the irregularities committed in consolidation process of village Khera Kalan, Delhi (North), has been filed in case No. 153/2010-CA or not. Please reply and provide documents.
3. Please provide copy of file S.No.51/CO/KK/AD/2019/1732-33 dated 17.01.2019 and action taken report by the revenue office.
4. The order of Financial Commissioner dated 10.01.2019 have been implemented or not. Please specify and provide documents regarding action taken. Provide the copy of inquiry report dated 12.06.2006 regarding alleged irregularities in the consolidation of village Khera Kalan Delhi...."
CIC/REVDP/A/2023/627923 "That an application under RTI Act was filed vide No. ID No.26627/RTI(Rev)HQ/2023/926-27 dated 06.03.2023 before the Hon'ble PIO/SDM (HQ) Vigilance, O/o Divisional Commissioner, 5, Sham Nath Marg, Delhi-110054 for providing the informations from S.No. A,B & B1 to 10. A Copy of application dated 06.03.2023 filed under RTI Act-2005 is annexed herewith and marked as ANNEXURES-1.
That no reply/information has been furnished, by PIO/SDM (HQ) Vigilance, O/o Divisional Commissioner, 5, Sham Nath Marg, Delhi- 110054 in response to the application dated 06.03.2023, filed under RTI Act-2005.
Further, First Appeal No. PA/Spl.CEO/FAA/2023-24/1476 dated 10.04.2023 under section 19(1) of RTI Act has been filed before the First Appellate Authority, (Sushil Singh), O/o the First Appellate Authority, Revenue Department, 5, Sham Nath Marg, Delhi-110054, against the PIO/SDM (HQ) Vigilance, O/o Divisional Commissioner, 5, Sham Nath Marg, Delhi-110054, in response to the application dated 06.03.2023, filed under RTI Act-2005. A Copy of First Appeal dated 10.04.2023 is annexed herewith and marked as ANNEXURES-2.
The First Appellate Authority (Sushil Singh) directed the PIO/SDM to provide reply of RTI dated 06.03.2023 to the Appellant in terms of RTI Act. In view of the above, the first appeal stands disposed of and ordered accordingly. Further the First Appellate Authority (Sushil Singh) has given liberty, if the Appellant is not satisfied with the this order/information provided, he may file an appeal before Central Information Page 14 of 18 Commission. A Copy of Order dated 18.05.2023 passed by First Appellate Authority (Sushil Singh) is annexed herewith and marked as ANNEXURE-3.
After that, on dated 16.06.2023 the APIO/S.O. (Vigilance), HQ (Rajesh Dhawal) has provided some incomplete informations and no certified documents has been provided to the applicant. A Copy of Informations dated 16.06.2023 provided in response to RTI application is annexed herewith and marked as ANNEXURE-4. It is prayed before the Hon'ble Information Commissioner to direct the PIO/SDM (HQ) Vigilance, O/o Divisional Commissioner, 5, Sham Nath Marg, Delhi-110054 to provide the certified documents of the all records and pointwise & correct informations of RTI questions in prescribed format. The questions under RTI Act-2005 are:
1. Certified copy of Inquiry report of ADM New Delhi dated 31.01.2022, conducted inquiry into the irregularities committed in consolidation process of village Khera Kalari. A Copy of ADM New Delhi report dispatch no. admn ewd/85 dt. 31.01.2022 is annexed herewith and marked as ANNEXURE-5. Whether the ADM (D.Karthekeyan) N. Delhi has submitted the above said Inquiry report dated 31.01.2022, in sealed packet or not.
2. Whether the above said Inquiry report of ADM, New Delhi, dated 31.01.2022 conducted inquiry into the irregularities committed in consolidation process of village Khera Kalan, has been submitted or not, in the Hon'ble Court of Financial Commissioner, in case No. 153/2010-CA. Please reply.
3. If any action has been taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the orders dated 29.06.2017 passed by the Hon'ble Court of Financial Commissioner, to ensure that no irregularitiy is carried out or remains in the entire process of consolidation before records are consigned. A Copy of Order dated 29.06.2017 passed by the Hon'ble Court of Financial Commissioner is annexed herewith and marked as ANNEXURE-6. Please provide with the proof that before records are consigned, all illegalities have been removed or not. Please provide the certified copies of the action taken of the same.
Whether any action has been taken or not, by the Department on the directions of the Divisional Commissioner who directed that the irregularities indicated at s.no. 1-5 at page 8-9/N, as a result of interim report prepared speak lapses, prima facie, on the part of Shri Rakesh Chaudhary (C.O.), the then Tehsildar and Shri Hariom Patwari. The Divisional Commissioner directed that 'X' (from para no. 2-5) be brought to the notice of Director (Vigilance). A Copy of directions dated 24.08.2006 passed by Divisional Commissioner is annexed herewith and marked as ANNEXURE-7. Whether any action Page 15 of 18 has been taken on these direction or not. Please provide a copy of action taken by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of the Divisional Commissioner Please reply in written.
4. Whether any action has been ever taken or not, by your Vigilance Department (H.Q.), 5, Shamnath Marg, Delhi, on the directions the Hon'ble Court of Financial Commissioner, order dated 17.10.2017, that what action has been taken by the department to the report dated 06.12.2006 of irregularities carried out in the consolidation of village Khera Kalan as already ordered by this Court on 29.06.2017. A Copy of Order dated 17.10.2017 passed by the Hon'ble Court of Financial Commissioner is annexed herewith and marked as ANNEXURE-8.
5. Provide the list of allotment made without demand, excess allotment and to the outsiders. Whether as per order of Hon'ble Court of Financial Commissioner dated 04.01/2018, the list of allotment made without demand and to the outsiders provided or not. Kindly provide the certified copies of the same. A Copy of Order dated 04.01.2018 passed by the Hon'ble Court of Financial Commissioner is annexed herewith and marked as ANNEXURE-9.
Whether any action has been taken, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of Hon'ble Court of Financial Commissioner dated 04.01.2018. Kindly provide the certified copies of action taken report, against officials responsible for the irregularities in consolidation.
6. Whether any action was ever taken or not, by your Vigilance Department H.Q. 5, Shamnath Marg, Delhi, on the directions of the Hon'ble Court of Financial Commissioner, order dated 18.09.2018, where the Hon'ble Court of Financial Commissioner, directed to the Deputy Commissioner (North-West) for taking the appropriate action against the C.O. Alipur in this regard. A Copy of Order dated 18.09.2018 passed by the Hon'ble Court of Financial Commissioner is annexed herewith and marked as ANNEXURE-10."
Appellant narrated the instant cases arising out of irregularities committed during consolidation process for village Khera Kalan where he is also one of the owners of land. He pleaded that more than 800 persons have been allotted plots who are not residents of the village and around 467 resident persons have been displaced who are entitled for allotment of plots. He further alleged that in the name of consolidation, mass scale irregularities are taking place Page 16 of 18 even today, which was observed from the file. On the Appellant taking up the matter with Financial Commissioner (FC), he submitted that there has been no progress despite directions to the Divisional Commissioner to investigate the matter. And, no action has been intimated to the Appellant till date. Therefore, the Appellant approached the Hon'ble High Court for seeking justice in the matter. During the course of hearing in the Commission, he restricted his arguments to being provided a copy of enquiry report submitted by ADM New Delhi which was submitted by him in 2022 to the Divisional Commissioner North regarding irregularities in the land consolidation of village Khera Kalan.
Upon being queried by the Commission, Shri Selvraj P. N, SO/APIO/ Respondent No. 1 submitted that as on date, there is no enquiry report available in the ADM branch and it was sent to the O/O Divisional Commissioner vide dispatch No. admn ewd /85 dated 31-01-2022. On further query, Shri Dherendra Singh, SO-cum-PIO o/o SDM Vigilance HQ (appearing in case File No. CIC/REVDP/A/2023/627923) handed over a file containing the said inquiry report to the Commission and agreed to share a copy of the same with the Appellant, if ordered by the Commission.
Decision:
The Commission, after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observes that Appellant has now restricted his claim to obtaining a certified copy of inquiry report submitted by ADM New Delhi to Divisional Commissioner North regarding irregularities in consolidation proceedings of Village Khera Kalan. Appellant being one of the affected parties of the alleged irregularities in the matter and also being an appellant in a Court of Law in the same matter has a right to access the inquiry report.
In view of the above and as discussed during hearing proceedings, Shri Dherendra Singh, SO-cum-PIO O/O SDM Vigilance HQ, Delhi is directed to provide a copy of enquiry report of ADM New Delhi submitted to Divisional Commissioner North regarding irregularities in consolidation proceedings of Village Khera Kalan to the Appellant as sought by him. This order be complied with within 4 weeks from the date of its receipt.Page 17 of 18
First Appellate Authority to ensure compliance of the above directions.
Role of other Respondents is hereby dispensed with.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy to:-
The First Appellate Authority, O/O District Magistrate, District New Delhi, 12/1, Jam Nagar House, Shahjahan Road, New Delhi- 110011.Page 18 of 18
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)