Central Information Commission
Ramesh Chand vs Office Of The Additional Distt. ... on 8 June, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नईिद ी, New Delhi - 110067
ि तीयअपीलसं ा/ Second Appeal No.: CIC/ADDDM/A/2019/155904
Ramesh Chand .....अपीलकता/Appellant
VERSUS
Public Information Officer Under RTI,
PIO/SDM (NAJAFGARH),
OFFICE OF THE SDM, NAJAFGARH,
GOVT. OF NCT OF DELHI,
SDM OFFICE COMPLEX,
TURA MANDI, NAJAFGARH,
NEW DELHI - 110043.
... ितवादीगण/Respondent
Relevant facts emerging from appeal:
RTI application filed on : 18.07.2019
CPIO replied on : 23.08.2019
First appeal filed on : 05.09.2019
First Appellate Authority order : 26.09.2019
Second Appeal received at CIC : 21.11.2019
Date of Hearing : 07.06.2021
Date of Decision : 07.06.2021
सू चनाआयु : ी हीरालाल साम रया
Information Commissioner: Shri Heeralal Samariya
Page 1 of 6
Information sought:
The Appellant sought various information regarding demolition of R.C. Garden Vatika (Khasra No. 193 & 194) in the year 2016.
The information sought is as under:
Etc. Page 2 of 6 PIO furnished reply, vide letter dated 23.08.2019, as under:
Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 05.09.2019.
FAA, vide order dated 26.09.2019, held as under:
Grounds for Second Appeal:Page 3 of 6
The PIO has not provided accurate information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: present on phone Respondent: Mr. Vinay Kaushik-(SDM-Najafgarh), present on phone.
Appellant stated that no information has been received till date from the PIO despite FAA's order.
Upon Commissions instance, PIO submitted that owing to the circumstances created due to current pandemic he won't be able to make any submissions. However, he affirmed that he would comply with the directions of the Commission, if any.
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.
At the outset, Commission expresses severe displeasure over the conduct of the then PIO in having not complied with the directions of FAA's order. Commission was unable to procure the name of the then PIO, therefore Commission directs then PIO through the present PIO to send his written submissions to justify as to why action should not be initiated against him/her under Section 20 of the RTI Act for the gross violation of its provisions. In doing so, if any other persons are also responsible for the omission, the then PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. The said written submission of then PIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days after when current situation normalizes and PIO rejoins the office.
The present PIO will ensure service of this order to then PIO.Page 4 of 6
Now, Commission has gone through the case records and on the basis of proceedings during hearing directs the present PIO to comply with the directions of the FAA dated 26.09.2019 and provide the relevant information as directed in the said order to the appellant, free of cost via speed/registered post.
In case relevant information is not available in record, then PIO must file an appropriate affidavit stating that relevant records as sought in instant the RTI Application is not available in record despite searching thoroughly. The said affidavit shall be sent by the PIO to the Commission with its copy duly endorsed to the Appellant.
Commission's directions should be complied within 30 days after the current situation normalization and PIO rejoins the office and accordingly compliance report to this effect be duly sent to the Commission by the PIO.
The appeal is disposed of accordingly.
HeeralalSamariya(हीरालालसाम रया)
Information Commissioner (सूचनाआयु )
Authenticated true copy
(अिभ मािणतस ािपत ित)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514
Copy to be served through present PIO to:
Then PIO,
SDM (NAJAFGARH),
OFFICE OF THE SDM, NAJAFGARH,
GOVT. OF NCT OF DELHI,
SDM OFFICE COMPLEX,
TURA MANDI, NAJAFGARH,
NEW DELHI - 110043.
--(For taking note of the adverse remarks of the Commission and complying with the directions)--Page 5 of 6 Page 6 of 6