Central Information Commission
Badal Singh vs Revenue Department Ut Of J & K on 4 July, 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/RDUJK/A/2023/605694
Shri BADAL SINGH ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Revenue Department UT of J & K
Date of Hearing : 02.07.2024
Date of Decision : 02.07.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 03.10.2022
PIO replied on : 21.10.2022
First Appeal filed on : 16.11.2022
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 29.01.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 03.10.2022 seeking information on following points:-
A: How many Patwar khana have been constructed in Jammu devision of JandK UT since 1947? What steps have been taken to provide government offices to Patwaries and Girdawars? B: who is responsible for purchasing stationary for Patwaries and why the stationary like, papers for roads, compensation and relief and daily work, file covers, gum, furniture photostat etc has not been provided to Patwaries in spite of regular strikes, requests and applications? C. Who is responsible for payment for the expenditure done by Patwaries for furniture, stationary and private Patwar khanas? D: Various orders, and schemes have been issued for making online services available for public and digitization of land records. Does electronic equipments like computers, tabs have been issued to basic functionaries like Patwaries? What steps have been taken to provide electronic equipments to Patwaries and Girdawars and Naibat offices? E: Does graduate Patwari of your department qualifies for technical grade pay.
F: In pursuance of cabinet decision no: 165/22/2013 dated 24-7-2013 and government order no: Rev/NG/314/2013 dated 10-12-2013, the Patwaries were appointed on pay scale of 5200-20200+(GP) 2800. Why Page 1 they were not given 5200-20200 pay scale with 2800 grade pay subsequently?
G: Does one year training in particular subject of revenue laws and land measurement makes graduate Patwari worthy of technical grade or 2800 grade pay?"
Dissatisfied with the non-receipt of information, the Appellant filed a First Appeal dated 16.11.2022 which was not adjudicated by the FAA as per available records.
The CPIO furnished reply dated 21.10.2023 as under :
This is in reference to your RTI application dated 03.10.2022 received in this office on 18.10.2022. In this regard it is intimated that the requisite Information as sought by you falls under J&K RTI Act, 2009 which stands repealed by the Government.
Regarding the Information sought by you, it is to intimate that the requisite information is a form of Questionnaire and hence do not falls under the ambit of 'Information' as defined under section 2(f) of RTI Act, 2005.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 01.07.2024 has been received from the CPIO and same has been taken on record. The relevant extract whereof is as under :
May kindly refer the above quoted reference. In this regard, it is to submit that the reply to the RTI of applicant (applied under repealed RTI Act of J&K, 2009), dated 03.10.2022 (received in this office on 18.10.2022) was provided to the applicant on 21.10.2022 (Copy enclosed). However the communication was reverted back by the Post Office with the remarks "Door Locked". The same information now stands provided to the applicant and has been received by the applicant on 01.07.2024 (copy enclosed). In this regard, it is to clarify that another RTI with the same address of the applicant was transferred/received from Revenue/Finance Department on 20.12.2022 wherein a questionnaire on policy matters of Government like Technical grade pay etc of Government employees/ teachers, accounts assistant etc was sought and the same was replied by the undersigned on 06.01.2023.
The applicant in his 2nd appeal before the Hon'ble Central Information Commission has referred the same communication dated 20.10.2022 which in actual has nothing to do with his above- mentioned RTI dated 03.10.2022.
Hence submitted for kind perusal and further directions please.
Facts emerging in Course of Hearing:
Appellant: Absent Page 2 Respondent: Mr. Yasir Arfaq, Tehsildar with Financial Commissioner Revenue- participated in the hearing.
The Respondent reiterated the averments made in their written submission and stated that the information sought in the instant RTI Application by the Appellant do not conform to Section 2(f) of RTI Act as the Appellant has sought clarifications/inferences from the CPIO.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. Hence, no further intervention of the Commission is required in the instant matter.
Appeal is disposed of 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 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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