Central Information Commission
Ajit Kumar Aggarwal vs Deptt. Of Finance on 14 May, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DEPFC/C/2024/602933
Ajit Kumar Aggarwal ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
Office of Sub-Registrar VI-A,
Ambedkar Bhawan, Sector-16,
Rohini, Delhi - 110085 ....प्रनतवािीगण /Respondent
Date of Hearing : 01.05.2025
Date of Decision : 13.05.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 10.08.2023
CPIO replied on : 09.10.2023
First appeal filed on : 17.09.2023
First Appellate Authority's order : 07.11.2023
2nd Appeal/Complaint dated : Nil
Information sought:
1. The Complainant filed an RTI application (online) dated 03-02-2024 seeking the following information:
"My mother, late smt. Chander Kanta Agarwal and father late Sh.Atma Ram Agarwal have executed a will on 03.03.2020 and got them registered in the office of Sub Registrar VIA having registration no. 1078,Book 3 Vol 700 from pages 26 to 30 and registration no. 1079 Book no. 3 Vol. 700 from pages 31 to 36 respectively thereby devolving their Page 1 of 5 properties as per their wish but now, one of their legal heir namely Sh. Barinder Kumar Agarwal has filed a suit for partition having registration no. CS OS 224 Of 2023 in Honorable High Court of Delhi with respect to the same properties there by saying that he has no knowledge about the will.
As, I have provided him all the details of the will and I believe Sh. Barinder Kumar Agarwal or his associates have taken copy of the will from your office or Doris website and despite that he is lying before the Court.
So, in the given circumstances, I only seek the following information.
Please provide the details of persons who have obtained the copy of the afore stated wills. It is to be noted that only permissible details of the persons may be shared."
2. The PIO vide its letter dated 09.10.2023 had given following reply:
"Requested information relates to a Will, which is a Book-III document and as per Registration Act-1908, Book-III, documents are secret documents. Asked information also comes under third party information, hence, cannot be provided as per provisions contained under section 11 of RTI Act-2005"
3. The complainant filed a First Appeal dated 17.09.2023. The FAA vide its order dated 07.11.2023, held as under.
"Heard the submission and gone through the records, I find that the PIO/ SR VI-A (Pitampura) has not provided the information to the appellant. Therefore, PIO/SR VI-A, (North West) is hereby directed to provide complete information to the appellant within 15 days of receipt of this order as per available office record other than third party information. Further, the applicant is directed to visit the office under the intimation to PIO for inspection of records.
Appeal is disposed off accordingly."
4. Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-Page 2 of 5
Complainant: Shri Saiyam Agarwal, son of the Appellant along with Advocate Vivek present in person.
Respondent: Shri Lokesh Kumar, Sr. Assistant (UDC) present in person.
5. Written submissions of the Respondent are taken on record and the same is reproduced hereinbelow:
"1. That the on-line RTI application of the appellant was received and a reply of the same was provided to the appellant vide this office letter No.SR-VI- A/Pitampura/2023/1024 dated 09.10.2023. copy of the same is annexed at Annexure-A for kind perusal of Hon'ble Information Commissioner.
2. That as per facts mentioned in the appeal in para two of page No.1 & 2. complainant admitted that inspection of sought information was allowed by the then PIO in compliance of order dated 07.11.2023, passed by the FAA, but despite the inspection of records (through NGDRS Software of Book-B), the complainant could not get the desired information. In this context, it is pertinent to mention here that there is no provision in the NGDRS Software of Book -B. to get the details of persons who got the certified copy of registered documents. Hence, the compliance of the order dated 07.11.2023, passed by the FAA was done and inspection of Book-B through NGDRS Software was got done by the Appellant/Complainant.
3. That The Sub-Registrar-VI-A (Pitampura). Delhi is on leave for three days w.e.f. 29.04.2025. undersigned looking-after the work of Sub-Registrar-VI- A(Pitampura). Delhi and above said reply is based on the records provided by the staff of Sub-Registrar-VI-A (Pitampura). Delhi.
4. 4. That from 10.00 am to 4.00 pm, there is a work of presentation of documents. about 1000-1200 persons including advocates are visiting this office for presentation of their respective documents for registration and undersigned also looking after the work of Sub-Registrar-VI-A, if undersigned attend the hearing on 01.05.2025 at 11.25 a.m., there would be a huge crowed will gather and create lot of problem, this situation cannot be ignored, hence, Mr. Lokesh, Sr. Asstt., (Reader to Sub-Registrar-VI-A), is hereby deputed to attend the hearing in the instant matter. Kindly allow the same. in the interest of general public. Submitted please."
6. The authorized representative of the Complainant, during the hearing, reiterated the contents of the RTI application and instant complaint and Page 3 of 5 submitted that till date PIO has not fully complied with the directions contained in the orders passed by the First Appellate Authority. He stated that the Complainant had inspected the relevant records in Devember'2023 but information and/or revised reply was not provided to the Complainant.
7. The Respondent while defending the case inter alia submitted that factual position in the matter was informed to the Complainant. During the hearing, the Respondent stated that if the Complainant provides serial number or relevant details of the 'will' then efforts can be made to search the records.
Decision
8. From the perusal of the records, it has come to the attention of the Commission that till date no response was given to the Complainant on his RTI application after the directions given by the First Appellate Authority. The written submissions of the Respondent states that inspection was done by the Complainant but response was not given to him. Further, the concerned PIO is not present in the hearing. It seems that the office of the Respondent Public Authority has no seriousness in dealing with the RTI applications of the applicants, and this approach tramples upon the citizen's right under the RTI Act, as it violates the letter and spirit of the RTI Act and accordingly the Commission expresses severe displeasure on the conduct of the Respondent.
9. In view of the above, inaction on the part of the then PIO and present PIO is prima facie established as it seems that the directions of the FAA has not been complied fully even till now and therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice to Ms. Sarika Madan then PIO of the Respondent Public Authority as to why maximum penalty including recommendation for disciplinary proceedings, should not be imposed on her under Section 20(1) and 20(2) of the RTI Act, for obstructing the information with mala fide intention qua the instant RTI Application, within a period of three weeks from the date of receipt of this order.
10. The Respondent is directed to serve a copy of this order to the then PIO for its compliance.
Page 4 of 511. The Respondent is at liberty to now give reply/information to the Complainant on his RTI application.
12. The FAA is directed to ensure compliance with this order.
The Complaint is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Office of the District Magistrate, NW District, Kanjhawala, Delhi - 110081 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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