Central Information Commission
Vivek Ranjan Sonbhadra vs Central Govt. Employees Welfare ... 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/CGEHO/A/2024/601026
Vivek Ranjan Sonbhadra .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Central Govt. Employees
Welfare Housing Organization,
6th Floor, A Wing, Janpath
Bhawan, Janpath, New Delhi - 110001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 07.05.2025
Date of Decision : 14.05.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 19.10.2023
CPIO replied on : 17.11.2023
First appeal filed on : 24.11.2023
First Appellate Authority's order : 19.12.2023
2nd Appeal/Complaint dated : NIL
Information sought:
1. The Appellant filed an RTI application dated 19.10.2023 (online) seeking the following information:
"Date and amount of installments of C type flats in Kendriya Vihar, Greater Noida, which were sold after freeze of Equalization Charge on 31.12.2018.Page 1 of 4
2. Date and amount of installments of D type flats in Kendriya Vihar, Greater Noida, which were sold after freeze of Equalization Charge.
3. Date and amount of installments of D type flats in D6 tower at Kendriya Vihar Greater Noida.
4. Copy of affidavit/statement on oath of CEO/CGEWHO dated 01.08.2017 before GNIDA and UPRERA.
5.Whether the contractor has been selected for construction of remaining 6 towers of Phase 1 of Kendriya Vihar? If yes, name and address of the contractor may please be provided"
2. The CPIO furnished a point-wise reply to the Appellant on 17.11.2023 stating as under:
"1 to 3. The details of the date and amount of installments of ' C' Type flats, D' Type flats and 'D' Type flats in D6 Tower at Kendriya Vihar, Greater Noida, is placed at Annexure-1.
4. The information sought is not clear about the nature of the Affidavit.
5. The clarifications/ questions sought by the applicant are not covered under the definition of information as per Section 2(f) of the RTI Act, 2005. In terms of Section 2(f) of RTI Act, 2005, "information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. Thus, the details sought by the applicant are not covered under the category of "information" as defined under Section 2(f) of the RTI Act, in as much as the appellant is seeking details which are in the nature of seeking reasons/ raising queries."
3. Being dissatisfied, the appellant filed a First Appeal dated 24.11.2023. The FAA vide its order dated 19.12.2023, held as under:
"As regards CPIO reply to the RTI under Sr. No. 1, 2 and 3, it is observed that the reply given by the CPIO is correct. As regards CPIO reply to the RTI under Sr. No. 4 is concerned, a copy of the Affidavit/ statement on Page 2 of 4 oath of CEO/CGEWHO dated 01.08.2017 before GNIDA and UPRERA, is enclosed at Annexure-1. Further, with reference to the RTI reply of Sr. No. 5, the Contractor has been selected for construction of remaining 6 towers of the Kendriya Vihar. The name and address of the Contractor is:-
M/s. Kanwarji Construction Co.
702/58, Sahyog Building Nehru Place New Delhi-110019 With the above Order, the Appeal stands disposed off."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video-Conference. Respondent: Shri Ashok Kumar, Dy. Director (A) & FAA and Shri Roshan Kishore, Assistant Director (Admin) present in person.
5. The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that the Respondent has provided wrong information. Upon being queried by the Commission, the Appellant stated that he had received copy of the affidavit.
6. The Respondent while defending their case inter alia submitted that complete factual position in the matter has already been informed to the Appellant. Upon being queried by the Commission, the Respondent stated that they have readvertised for the remaining unallotted/unsold flats.
Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant is aggrieved that complete information as per his RTI application has not been provided to him by the Respondent. On the other hand, the Page 3 of 4 Respondent contended that complete factual position in the matter has been informed to the Appellant.
8. The Commission observes that the Appellant has sought specific information in his RTI application regarding date and amount of installments of C and D type flats in Kendriya Vihar, Greater Noida, which were sold after freeze of Equalization Charge, etc. but the Respondent has given a generic response instead of a detailed factual position in the matter. The Commission is also not able to get a clear picture of the matter from the documents placed on record. The reply against on point Nos. 1 and 2 given by the CPIO is not in tune with the RTI Act and is therefore set aside.
9. In view of the above, the Respondent is directed to re-examine the RTI application dated 19.10.2023 of the Appellant and give detailed revised point- wise reply on point Nos. 1 and 2, within a period of four weeks from the date of receipt of this order.
10. The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Central Govt. Employees Welfare Housing Organization, 6th Floor, A Wing, Janpath Bhawan, Janpath, New Delhi - 110001 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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