Central Information Commission
Deepak Kumar vs Housing And Urban Development ... on 4 October, 2022
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/HUDCO/A/2021/139310
Deepak Kumar .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Under Secretary-(RTI Section),
Housing & Urban Development
Corporation Limited, HUDCO Bhawan,
Core-7-A, India Habitat Centre, Lodhi Road,
New Delhi-110003.
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 15.02.2021
CPIO replied on : 24.03.2021
First appeal filed on : 01.07.2021
First Appellate Authority order : 19.07.2021
Second Appeal received at CIC : 20.09.2021
Date of Hearing : 04.10.2022
Date of Decision : 04.10.2022
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Information sought:
The Appellant sought following information:Page 1 of 4
• PIO furnished reply, vide letter dated 24.03.2021, as under:
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 01.07.2021.
• The FAA vide order dated 19.07.2021 held as under:
• Written submission has been received from CPIO/HUDCO vide letter dated 28.09.2022. The relevant extract whereof is as under :Page 2 of 4
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Represented by Adv Chandra Bhushan and Adv Pragya Priya Respondent: Mr J.P. Nahar, CPIO/HUDCO.
Adv Chandra Bushan submitted that requisite information has not been furnished to the Appellant. He further submitted that the Respondent has given different statistical data with respect to sanctioned post in reply to another RTI application filed by some other RTI applicant. He stated that correct information has not been furnished till date.
The Respondent reiterated the averments made in written submission and submitted that relevant information has already been furnished to Appellant. He also submitted that he would abide by the orders of Commission, if any.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their written submission along with annexures, dated 28.09.2022, to the Appellant, 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.
Perusal of records submitted by the Respondent reveals that information as defined under Section 2(f) of the RTI Act from available official records, has been duly provided to the Appellant, in terms of provisions of the Act.
In the given circumstances, since the information stands disseminated, no cause of action subsists under the RTI Act.
No action lies.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Page 3 of 4 Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4