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Central Information Commission

Kapil Goel vs Delhi Jal Board on 6 May, 2021

Author: Heeralal Samariya

Bench: Heeralal Samariya

                           के ीय सूचनाआयोग
                      Central Information Commission
                      बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                      नईिद      ी, New Delhi - 110067
 ि तीयअपील सं       ा/ Second Appeal No.:       CIC/DELJB/A/2019/640880


 Kapil Goel                                            .....अपीलकता/Appellant

                          VERSUS

 1. Public Information Officer under RTI,
 Zonal Revenue Officer-(SW)- l,
 Delhi Jal Board (Government of NCT of Delhi),
 Kakraula More, Dwarka, New Delhi-110059.

 2. Public Information Officer under RTI,
 Deputy Director-(Revenue) W/SW, Delhi Jal
 Board (Government of NCT of Delhi), Room No.-
 512, Varunalaya Building, Phase-2, Karol Bagh,
 New Delhi-l10005.
                                                       ... ितवादीगण/Respondent

Relevant facts emerging from appeal:

  RTI application filed on          :   08-01-2019
  CPIO replied on                   :   29-03-2019
  First appeal filed on             :   13-02-2019
  First Appellate Authority order   :   02-04-2019
  Second Appeal received at CIC     :   19-05-2019
  Date of Hearing                   :   05-05-2021
  Date of Decision                  :   05-05-2021

               सूचनाआयु                  :      ी हीरालाल साम रया
           Information Commissioner:         Shri Heeralal Samariya

Information sought

:

The Appellant sought information is as under:
Dissatisfied that no information was furnished, the Appellant filed First Appeal, vide letter dated 13.02.2019.
FAA, vide order dated 02.04.2019, held as under:
PIO, vide letter dated 29.03.2019, furnished reply to the Appellant as under: Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: No. not reachable despite numerous attempts.
Respondent: couldn't be contacted for want of contact details.
Decision The current milieu of the pandemic COVID-19 has necessitated the Commission to take some extraordinary steps in the disposal of cases to avoid further backlog and delays subverting the very purpose of RTI Act which includes inter alia hearing cases through audio conferencing. The instant case being one such instance where even so both the parties could not be heard for reasons stated above, Commission deems it fit in the interest of the letter and spirit of RTI Act to decide the matter based on the material on record. In doing so, Commission observes that available and point wise reply has already been provided by the PIO and same is deemed apt. Further, upon perusal of the second appeal of the appellant it appears that he is contending the noncompliance of FAA's order and has prayed for the compliance of the same. Commission observes that directions issued in the said order pertains to an administrative function and same cannot be adjudicated upon as it is outside the scope of power of RTI Act, 2005. In view of the foregoing, no further action is warranted in the matter.
The appeal is disposed of accordingly.



                                       Heeralal Samariya (हीरालाल साम रया)
                                    Information Commissioner (सू चना आयु        )


Authenticated true copy
(अिभ मािणत स ािपत ित)

Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514