Central Information Commission
Shri Sanjay Kumar Dalal vs U.T. Admn. Of Daman & Diu on 27 January, 2010
CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00556
Dated, the 27th January, 2010.
Appellant : Shri Sanjay Kumar Dalal
Respondents : U.T. Admn. of Daman & Diu
This second-appeal came up for hearing on 12.01.2010 through videoconferencing (VC) in the presence of both parties. Appellant and the respondents represented by Shri R.N.Singh, Chief Engineer, Daman were present at NIC VC facility at Daman. Commission conducted the hearing from its New Delhi office.
2. Through Commission's interim order dated 20.11.2008 Appellate Authority, Shri P.K. Gupta, Development Commissioner, UT Admn. of Daman & Diu was requested to conduct an enquiry regarding certain missing documents corresponding to appellant's RTI-application dated 07.05.2007.
3. In his Enquiry Report, Shri P.K. Gupta concluded that Shri B.C. Modi, the then Assistant Engineer and Shri S.B. Barad, Junior Engineer were negligent in processing and handling the documents relating to the appellant's monetary claims against the public authority. This happened in the years 1999 to 2005. Appellate Authority, however, held that while officers were negligent in maintaining papers, no mala-fide could be attributed to them given the background and the facts of this case.
4. What emerges from the report of the Appellate Authority is that the information solicited by the appellant through his RTI-application is untraceable as of now.
5. During the hearing, appellant stated that his main purpose in seeking the information was to obtain the Action Taken Report on his application to the public authority dated 24.03.1999. He stated that Appellate Authority had allowed the appellant to search for the records in the office of Executive Engineer, WD-I, PWD, Daman and appellant had managed to retrieve sizeable records relating to the transactions in 1999-2000. He requested that he be allowed to search for the balance AT-27012010-21.doc Page 1 of 2 records through the cooperation of the officers of PWD office. He also requested that respondents should give to him a firm reply regarding the Action Taken Report, if any, on his original grievance-petition of 24.03.1999.
6. In view of what the Appellate Authority, after his enquiry, has informed Commission, it may serve no purpose to ask the public authority to search for the records which are now known to be untraceable. However, in view of what the appellant had stated and in view of similar facility provided to him by the Appellate Authority in the past, it is directed that CPIO and the officers of the relevant Department / Section of the public authority, shall on a day and time to be indicated in advance to the appellant within two weeks of the receipt of this order, allow him to assist the officers search for the records relating to his queries in the RTI-application. If the records could be found, appellant shall be allowed to take copies of the same free of cost.
7. Appeal disposed of with these directions.
8. Copy of this direction be sent to the parties.
( A.N. TIWARI ) INFORMATION COMMISSIONER AT-27012010-21.doc Page 2 of 2