Central Information Commission
Vikram Dev Singh Sarang vs Ut Of Chandigarh on 3 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/UTOCH/A/2023/149197, CIC/UTOCH/A/2023/149199
CIC/UTOCH/A/2023/149201, CIC/UTOCH/A/2024/149200
Vikram Dev Singh Sarang .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
The Estate Officer, Estate Office,
Town Hall Building, Sector 17-C,
Chandigarh - 160017 .... ितवादीगण /Respondent
Date of Hearing : 26.12.2024
Date of Decision : 31.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The following cases have been listed on the directions passed by the Hon'ble
High Court of Chandigarh vide order dated 24.05.2024, which has been
received in this registry from CR section of Central Information Commission
vide their letter dated 18.07.2024. Notices to both the parties were issued on
04.12.2024. The above-mentioned second appeals are clubbed together as
the Appellant and the Respondent are common and subject-matter is similar
in nature and hence, are being disposed of through a common order.
1. CIC/UTOCH/A/2023/149197
Relevant facts emerging from appeal:
RTI application filed on : 21.09.2023
CPIO replied on : Not on record
First appeal filed on : 26.10.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 27.12.2023
Page 1 of 11
Information sought:
The Appellant filed an RTI application (offline) dated 21.09.2023 seeking the following information:
"(a) Provide the information that on the basis of "Registered / Unregistered Will', how many properties has been transferred / cleared by the Estate Office from 01-01-2018 to 20-09-2023.
(b) Provide the information that on the basis of Registered/ Unregistered Will' how many properties has been transferred / cleared after the notification vide letter No. 45/5/22-UTFI (5) 2014/3355 dated 23-04-2014.
(c) Provide the information that how much time does Estate Office takes to transfer the property on the basis of 'Registered Will' according to the Policy/Notification of Chandigarh Administration.
(d) Provide the information that if any court case is pending on the property, but there is no stay by any competent court of law, can Estate Office transfers such types of properties (reply only in YES or NO).
(e) Provide the information that is there any property which has been transferred by Estate Office in which court case/litigation is/was pending (reply only in YES or NO).
(f) Whether any property has been transferred by Estate Office during the pendency of any court case reply only in YES or NO
(g) Whether the title of ownership of the property can be changed by the Estate Office during any court case or during any dispute according to the Policy of Chandigarh Administration.
(h) Whether this Office has transferred any property in which court case/litigation is/was pending or during the pendency of any case, the title of ownership of the property has been transferred to another name.
(6) Provide the information of Smt. Namrata Khanna (Assistant Officer/Superintendent) in Estate Office (Chandigarh):
(a) Provide the information of this Officer (NAMRATA KHANNA) when takes the charge of dealing with Transfer of Property Cases after the Notification/Policy vide Letter No. 45/5/22-UTFI (5)-2014/3555 dated 23-04-
2014.
(b) How many Property cases are marked to this officer from the taking of charge for dealing with the Transfer cases of property and how many Page 2 of 11 properties are cleared by this officer and how many cases are pending. Provide the list of all cleared/pending cases are pending. Provide the list of all cleared/pending cases with details.
(c) How many cases related to Transfer of Properties has been done/cleared or transferred by this officer.
(d) How many total properties has been transferred/cleared by Smt. NAMRATA KHANNA till date. Provide the details of all the properties and how many cases related to transferred of properties has been delayed by using his designation. Provide details of all the properties.
(e) Whether any Departmental Enquiry or any Criminal Case is Registered/Conducted/Pending against this Officer. Provide the details of all.
(f) Whether this officer is facing any Fraud/Cheating Case or where this person declared innocent during the investigation or investigation is pending/going if any. Provide all the details.
(g) To supply/cite reasons for delay as the same application is pending ull date, without any justification and reasoning as the authority is duty bound for the same, but has adopted PICK & CHOOSE Policy to decide such like Applications.
(h) In how many cases related 10 Transfer of Properties Smt. NAMRATA KHANNA has fixed the meeting/hearing of the applicants with the Assistant, Estate Officer, Chandigarh. Provide the details with full information of the Properties.
(i) Whether any complaint Filed/Registered against this officer by any department or person, if any. Provide all the details.
(j) Whether this officer has transferred any property in which court case/litigation is/was pending or during the pendency of any case, the title of ownership of the property has been transferred to another name."
Having not received any response from CPIO, the appellant filed a First Appeal dated 26.10.2023. The FAA order is not on record.
2. CIC/UTOCH/A/2023/149199 Relevant facts emerging from appeal:
RTI application filed on : 21.09.2023 CPIO replied on : Not on record First appeal filed on : 26.10.2023
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 27.12.2023 Page 3 of 11 Information sought:
The Appellant filed an RTI application (offline) dated 21.09.2023 seeking the following information:
"(a) Provide the information that on the basis of 'Registered / Unregistered Will, how many properties has been transferred / cleared by the Estate Office from 01-01-2018 to 20-09-2023.
(b) Provide the information that on the basis of 'Registered / Unregistered Will' how many properties has been transferred / cleared after the notification vide letter No. 45/5/22-UTFI (5)- 2014/3355 dated 23-04-2014.
(c) Provide the information that how much time does Estate Office takes to transfer the property on the basis of 'Registered Will' according to the Policy/Notification of Chandigarh Administration.
(d) Provide the information that if any court case is pending on the property, but there is no stay by any competent court of law, can Estate Office transfers such types of properties (reply only in YES or NO).
(e) Provide the information that is there any property which has been transferred by Estate Office in which court case/litigation is/was pending (reply only in YES or NO).
(f) Whether any property has been transferred by Estate Office during the pendency of any court case (reply only in YES or NO).
(g) Whether the title of ownership of the property can be changed by the Estate Office during any court case or during any dispute according to the Policy of Chandigarh Administration.
(h) Whether this Office has transferred any property in which court case/litigation is/was pending or during the pendency of any case, the title of ownership of the property has been transferred to another name.
Provide the information of Sh. Vinay Pratap Singh (Estate Officer) in Estate Office (Chandigarh):
(a) Provide the information of this Officer (VINAY PRATAP SINGH) when takes the charge of dealing with Transfer of Property Cases after the Notification/Policy vide Letter No. 45/5/22-UTFR (S)- 2014/3555 dated 23-04-
2014.
(b) How many Property cases are marked to this officer from the taking of charge for dealing with the Transfer cases of property and how many Page 4 of 11 properties are cleared by this officer and how many cases are pending. Provide the list of all cleared/pending cases with details.
(c) How many cases related to Transfer of Properties has been done/cleared or transferred by this officer.
(d) How many tatal properties has been transferred/cleared by Sh. VINAY PRATAP SINGH till date. Pravide the details of all the properties and how many cases related to transferred of properties has been delayed by using his designation. Provide details of all the properties.
(e) Whether any Departmental Enquiry or any Criminal Case is Registered/Conducted/Pending against this Officer. Provide the details of all.
(f) Whether this officer is facing any Fraud/Cheating Case of where this person declared innocent during the investigation or investigation is pending/going if any. Provide all the details
(g) To supply/cite reasons for delay as the same application is pending till date, without any justification and reasoning as the authority is duty bound for the same, but has adopted PICK & CHOOSE Policy to decide such like Applications.
(h) In how many cases related to Transfer of Properties Sh. VINAY PRATAP SINGH has fixed the meeting/hearing of the applicants with the Assistant, Estate Officer, Chandigarh. Provide the details with full information of the Properties
(i) Whether any complaint Filed/Registered against this afficer by any department or person, if any. Provide all the details.
(j) Whether this officer has transferred any property in which court case/litigation is/was pending or during the pendency of any case, the title of ownership of the property has been transferred to another name."
Having not received any response from CPIO, the appellant filed a First Appeal dated 26.10.2023. The FAA order is not on record.
3. CIC/UTOCH/A/2023/149201 Relevant facts emerging from appeal:
RTI application filed on : 21.09.2023 CPIO replied on : Not on record First appeal filed on : 26.10.2023
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 27.12.2023 Page 5 of 11 Information sought:
The Appellant filed an RTI application (offline) dated 21.09.2023 seeking the following information:
"(a) Provide the information that on the basis of 'Registered / Unregistered Will', how many properties has been transferred / cleared by the Estate Office from 01-01-2018 to 20-09-2023.
(b) Provide the information that on the basis of 'Registered / Unregistered Will' how many properties has been transferred / cleared after the notification vide letter No. 45/5/22-UTFI (5)- 2014/3355 dated 23-04-2014.
(c) Provide the information that how much time does Estate Office takes to transfer the property on the basis of 'Registered Will' according to the Policy/Notification of Chandigarh Administration.
(d) Provide the information that if any court case is pending on the property, but there is no stay by any competent court of law, can Estate Office transfers such types of properties (reply only in YES or NO).
(e) Provide the information that is there any property which has been transferred by Estate Office in which court case/litigation is/was pending (reply only in YES or NO).
(f) Whether any property has been transferred by Estate Office during the pendency of any court case (reply only in YES or NO).
(g) Whether the title of ownership of the property can be changed by the Estate Office during any court case or during any dispute according to the Policy of Chandigarh Administration.
(h) Whether this Office has transferred any property in which court case/litigation is/was pending or during the pendency of any case, the title of ownership of the property has been transferred to another name."
Having not received any response from CPIO, the appellant filed a First Appeal dated 26.10.2023. The FAA order is not on record.
4. CIC/UTOCH/A/2024/149200 Relevant facts emerging from appeal:
RTI application filed on : 21.09.2023
CPIO replied on : Not on record
Page 6 of 11
First appeal filed on : 26.10.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 27.12.2023
Information sought:
The Appellant filed an RTI application (offline) dated 21.09.2023 seeking the following information:
"(a) Provide the information that on the basis of 'Registered / Unregistered Will', how many properties has been transferred / cleared by the Estate Office from 01-01-2018 to 20-09-2023.
(b) Provide the information that on the basis of 'Registered / Unregistered Will' how many properties has been transferred / cleared after the notification vide letter No. 45/5/22-UTFI (5)- 2014/3355 dated 23-04-2014.
(c) Provide the information that how much time does Estate Office takes to transfer the property on the basis of 'Registered Will' according to the Policy/Notification of Chandigarh Administration.
(d) Provide the information that if any court case is pending on the property, but there is no stay by any competent court of law, can Estate Office transfers such types of properties (reply only in YES or NO).
(e) Provide the information that is there any property which has been transferred by Estate Office in which court case/litigation is/was pending (reply only in YES or NO).
(f) Whether any property has been transferred by Estate Office during the pendency of any court case (reply only in YES or NO).
(g) Whether the title of ownership of the property can be changed by the Estate Office during any court case or during any dispute according to the Policy of Chandigarh Administration.
(h) Whether this Office has transferred any property in which court case/litigation is/was pending or during the pendency of any case, the title of ownership of the property has been transferred to another name.
Provide the information of 5h. Sanjay Vats (Assistant Officer) in Estate Office (Chandigarh)
(a) Provide the information of this Officer (SANJAY VATS) when takes the charge of dealing with Transfer of Property Cases after the Notification/Policy vide Letter No. 45/5/22-UTH (5)-2014/3555 dated 23-04-2014.
Page 7 of 11(b) How many Property cases are marked to this officer from the taking of charge for dealing with the Transfer cases of property and how many properties are cleared by this officer and how many cases are pending. Provide the list of all cleared/pending cases with details.
(c) How many cases related to Transfer of Properties has been done/cleared or transferred by this officer.
(d) How many total properties has been transferred/cleared by Sh. SANJAY VATS till date. Provide the details of all the properties and how many cases related to transferred of properties has been delayed by using his designation. Provide details of all the properties.
(e) Whether any Departmental Enquiry or any Criminal Case in Registered/Conducted/Pending against this Officer. Provide the details of all.
(f) Whether this officer is facing any Fraud/Cheating Case or where this person declared innocent during the investigation or investigation is pending/going if any. Provide all the details.
(g) To supply/cite reasons for delay as the same application is pending till date, without any justification and reasoning as the authority is duty bound for the same, but has adopted PICK & CHOOSE Policy to decide such like Applications.
(h) In how many cases related to Transfer of Properties Sh. SANJAY VATS has fixed the meeting/bearing of the applicants with the Assistant, Estate Officer, Chandigarh. Provide the details with full information of the Properties.
(i) Whether any complaint Filed/Registered against this officer by any department or person, if any. Provide all the details.
(j) Whether this officer has transferred any property in which court case/litigation is/was pending or during the pendency of any case, the title of ownership of the property has been transferred to another name."
Having not received any response from CPIO, the appellant filed a First Appeal dated 26.10.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-Page 8 of 11
Appellant: Advocate Vikram Dev Singh Sarang, Advocate Bindiya Sharma and Advocate Deepak Kumar, attended the hearing through VC. Respondent: Shri Rajeev Gulati, CPIO-cum-Senior Assistant, attended the hearing through VC.
The Appellant stated that he has not received any reply on his RTI Applications under question from the Respondent till date.
The Respondent submitted that the first reply qua the instant RTI Applications have been given to the Appellant vide letter dated 03.11.2023, stating as under:
"It is to inform you that the information sought by you does not cover under Right to Information Act, 2005 being questionnaire form."
He further reiterated contents of his written submission dated 23.12.2024, informing as under:
"It is submitted that the application for supply of documents has been filed by Sh. Vikram Dev Singh Sarang on dated 21.09.2023 and the same stands disposed of by this office vide letter dated 03.11.2023 (copy enclosed) with the remarks that the information sought does not cover under RTI Act, 2005 being questionnaire form in view of the Office Memorandum dated 01.06.2009 issued vide no.1/7/2009-IR by the Ministry of Personnel, Public Grievances & Pensions, DoPT (copy enclosed)."
The Commission orally directed the Respondent to provide a copy of the averred replies dated 03.11.2023 and 23.12.2024 to the Appellant. The Respondent handed over the copies of the averred replies to the Appellant during the hearing.
Upon perusal of the averred replies, the Appellant expressed his dissatisfaction on the same and stated that the replies provided by the Respondent are misleading and moreover the Respondent has not provided pointwise replies to his RTI Applications.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the replies provided by the Respondent vide letter dated 03.11.2023 and 23.12.2024 are inadequate as asserted by the Appellant. It is also observed that the Appellant on several points of his RTI Applications had sought statistical information and the Page 9 of 11 Respondent without application of mind had provided cryptic replies. It is surprising to note that First Appeals filed by the Appellant were not adjudicated by the First Appellate Authority. Had FAA called the Appellant for hearing, the issue would have been sorted out at the First Appeal level. Therefore, the conduct of the CPIO as well as FAA is not appreciated by the bench, and they are being admonished for their lackadaisical approach while dealing with the RTI cases.
Accordingly, the Commission deems it fit to direct Shri Rajeev Gulati, CPIO- cum-Senior Assistant, to revisit the RTI Applications under question and provide revised and pointwise reply to the Appellant, strictly under the provisions of the RTI Act, within two weeks from the date of issue of this order. In the event, if the information sought is available with another official/custodian of records, the CPIO is further directed to obtain the said information under section 5 (4) of the RTI Act and provide a copy of the same to the Appellant with a copy marked to the Commission. The FAA is directed to ensure compliance of this order. In case, the Respondent fails to comply with the above direction, the Appellant is at liberty to approach the Commission in non-compliance. A copy of this order is marked to the Deputy Commissioner, to take note of the aberration of RTI Act being manifested in the Respondent public authority's office. The Deputy Commissioner is directed to sensitize the officials in general and those dealing with the RTI matters in particular, regarding the provisions of RTI Act by way of training workshops etc. and putting in place a coherent system of checks and balances.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Page 10 of 11 Copy To:
1. The FAA, The Estate Officer, Estate Office, Town Hall Building, Sector 17-C, Chandigarh - 160017
2. Deputy Commissioner Estate Office Building, Sector 17, Chandigarh - 160017 Page 11 of 11 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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