Central Information Commission
Sudha vs Archaeological Survey Of India on 11 March, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/ALSOI/C/2023/670350
Ms. Sudha निकायतकताग /Complainant
VERSUS/बनाम
PIO, North Circle Archaeological Survey of India, ...प्रनतवािीगण /Respondent
New Delhi
Date of Hearing : 11.03.2024
Date of Decision : 11.03.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from complaint:
RTI application filed on : 26.09.2022
PIO replied on : 18.10.2022
First Appeal filed on : NA
First Appellate Order on : NA
2ndAppeal/complaint received on : 03.01.2023
Information soughtand background of the case:
The Complainant filed an RTI application dated 26.09.2022 seeking information on following 12 points:-
"(1) (a) Provide copies of all the letters/representations received by O/o Regional Director (North), ASI from offices/schools of Education Department, GNCTD in r/o Kotla Firozshah G (Co-ed) Middle School, Delhi.
The information is desired for the period wef 1-1-2022 to till date.
(1) (b) Provide diary number with date of all the above mentioned letters received by O/o Regional Director (North), ASI.
(2) (a) Copies of the replies by O/o Regional Director (North), ASI on all the above mentioned letters.
(2) (b) Information regarding action taken (other than sending reply) on all the above mentioned letters.
Page 1 of 4(3) (a) Diary number of letter F.No.16-22/NMA-2021/PG dt. 22-9-22 forwarded by NMA to O/o Regional Director (North), ASI.
(3) (b) Copy of the response with annexures on the above mentioned letter.
Etc."
The CPIO and Regional Director (North) ASI, New Delhi vide letter dated 18.10.2022 replied as under:-
"(1) (a) Copy of letter vide F. No. KFS/2021- 22/87 dated 28.01.2022 of HOS/DDO, G. Co-ed Middle School, Kotla Firoz Shah, Delhi-02 is enclosed as Annexure-1.
(1) (b) Annexure-1:-Dairy No. 1292 dated 02.02.2022 (O/o Competent Authority) (2) (a) Copy of reply is enclosed as Annexure- 2.
(2) (b) Permission has not been granted.
(3) (a) Dairy No. 1004 dated 27.09.2022 (O/o Competent Authority) (3) (b) The said letter was a copy of information to the Regional Director. North, ASI and Competent Authority. NCT of Delhi.
Etc."
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
Complainant: Absent Respondent: Shri Naresh Chand CPIO and Dy SH, O/o the Regional Director (North) The Complainant remained absent during the hearing despite prior intimation.
Shri Naresh Chand stated that point wise information including details of the correspondence made by O/o the Regional Director (North) ASI with the offices/ schools of Education Department, GNCTD was provided to the Complainant as per available record within the stipulated time period. He added that similar issued were already heard and adjudicated by the Commission earlier in CIC/ALSOI/A/2022/664888 -UM decided on 12.07.2023 the relevant extracts of which are as under:
"Keeping in view the facts of the case and the submissions made by the Respondent and after perusal of the documents available on record, the Page 2 of 4 Commission finds that an appropriate reply as per the RTI Act, 2005 had been furnished by the Respondent and hence no further intervention by the Commission is required in the matter. For the redressal of his grievance, if any, the Appellant may approach an appropriate forum.
Furthermore, the Commission observes that the appellant has exhibited a pattern of repeatedly filing unfounded complaints against public authorities, and has repeatedly approached the Central Information Commission with similar grievances, resulting in a gross waste of public resources and time. Despite the angularities in the appellant's second appeals the commission tried its best to give justice to the Appellant in keeping with the spirit of the RTI Law. There were over half dozen personnel from the respondent authority who had come with dozens of files before the Commission for the hearing. The Commission cannot put up with such irresponsible behaviour of the appellant, not the least after having heard repeated second appeals of the appellant with same pleas in the spirit of the RTI Law despite the fact some of his pleas were quite frivolous.
Accordingly, Commission advises the appellant not to waste further time of the Commission as well as the respondent authority. Accordingly, the Commission hereby directs the registry of this bench to refrain from scheduling any further hearing for the Appellant in this bench. He is free to approach higher courts in the matter in case he feels he is not getting justice."
Decision Keeping in view the facts of the case and the submissions made by the Respondent, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided.
In a Complaint filed u/s 18 of the RTI Act, 2005 the Commission is only required to ascertain if the information has been denied with a malafide intent or due to an unreasonable cause. Furthermore, the legal position with regard to the powers of the Commission u/s 18 is no longer res integra since the pronouncement of the judgement of the Hon'ble Supreme Court in Chief Information Commissioner and Ors. v. State of Manipur and Ors, CIVIL APPEAL NOs.10787-10788 OF 2011 (Arising out of S.L.P(C) No.32768-32769/2010) decided on 12.12.2011 wherein it was held that Section 18 and 19 serve two different purposes and one cannot be a substitute for another.
In the light of the above observations, the Commission is of the view that there is no malafide denial of information on the part of the concerned CPIO and hence no action is warranted under section 18 and 20 of the Act. Accordingly, no further intervention of the Commission is required in the instant Complaint which is dismissed accordingly.
Page 3 of 4With the above observation, the instant Complaint stands disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4