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[Cites 5, Cited by 0]

Central Information Commission

Vedpal Yadav vs Revenue Department on 12 December, 2025

                                 के ीय सूचना आयोग
                           Central Information Commission
                              बाबा गंगनाथ माग, मुिनरका
                            Baba Gangnath Marg, Munirka
                            नई िद ी, New Delhi - 110067


File Nos: CIC/REVDP/A/2024/623058
        CIC/REVDP/A/2024/623101

Vedpal Yadav                                            .....अपीलकता/Appellant


                                         VERSUS
                                          बनाम

PIO,
PIO under RTI,
Sub Divisional Magistrate-(Kapashera)
(Govt. of NCT of Delhi), South-West
District, Old Terminal Tax Building,
Kapashera, New Delhi-110037                            ..... ितवादीगण /Respondent

Date of Hearing                      :    09.12.2025
Date of Decision                     :    11.12.2025

INFORMATION COMMISSIONER :                Vinod Kumar Tiwari

The above-mentioned second appeals are clubbed together as the Appellant as
well as the Respondent are common, subject-matter is similar in nature and
hence are being disposed of through a common order.

                             CIC/REVDP/A/2024/623058

Relevant facts emerging from appeal:

RTI application filed on             :    05.01.2024
CPIO replied on                      :    Not on record
First appeal filed on                :    23.02.2024

CIC/REVDP/A/2024/623058
CIC/REVDP/A/2024/623101
                                                                         Page 1 of 7
 First Appellate Authority's order :   Not on record
2nd Appeal/Complaint dated        :   30.05.2024
Information sought

:

1. The Appellant filed an RTI application dated 05.01.2024 (offline) seeking the following information:
"I Vedpal Yadav Sio Jailal Yadav R/o VPO Daulatpur, New Delhi had filed an application for re-demarcation of Khasra plot no 58/27(2-1) and 24/16(4-0),58/28/1,&58/26 situated in the revenue state of Village Daulatpur on 13/05/2015 vide diary no17102. In respect to my application. I was called for hearing on 06/06/2015 by the then SDM (Kapashera). The notice letter No.F.4(102)/SDM(KH)/SW/2015/19910 dt 04/06/2015 is attached for reference.
Under RTI act 2005, I request you to provide the following information: Please provide the following information related to Khasara / Plot No. 58/27 (2-1) and Khasara / Plot No. 24/16(4-0) situated at village- Daulatpur New Delhi 43:-
1. As mentioned above, kindly provide certified copy of the minutes of meeting (MOM) which was held on 08 June 2015 against letter No. F4(102)/SDM(KH)/SW/2015/19910 dt 04/06/2015 in the said matter.
2. Details of the officer (Name, Designation, office address) who has the possession of the file 096327789/tehkp as on 20 Feb. 2024.
3. Details of the officer (Name. Designation, office address) who has the possession of the file 096380546/tehkp as on 20 Feb. 2024.
4. Details of the officer (Name, Designation, office address) who has the possession of the file 096827789/tehkp as on 20 Feb. 2024,
5. Details of the officer (Name, Designation, office address) who has the possession of the file 096330653/tehkp as on 20 Feb. 2024."

2. Not having received any response from the CPIO, the Appellant filed a First Appeal dated 23.02.2024. The FAA's order is not on record.

CIC/REVDP/A/2024/623058 CIC/REVDP/A/2024/623101 Page 2 of 7

3. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

CIC/REVDP/A/2024/623101 Relevant facts emerging from appeal:

RTI application filed on            :   05.01.2024
CPIO replied on                     :   Not on record
First appeal filed on               :   23.02.2024

First Appellate Authority's order : Not On record 2nd Appeal/Complaint dated : 30.05.2024 Information sought:

4. The Appellant filed an RTI application dated 05.01.2024 (offline) seeking the following information:

"I Vedpal Yadav S/o Jailal Yadav R/o VPO Daulatpur, New Delhi had filed an application for re-demarcation of Khasra/plot no 58/27(2-1) and 24/16(4-0),58/28/1, &58/26 situated in the revenue state of Village Daulatpur on 13/05/2015 vide diary no17102. In respect to my application, I was called for hearing on the then SDM 06/06/2015 (Kapashera). by No.F.4(102)/SDM(KH)/SW/2015/19910 dt 04/06/2015 is attached for reference. The After the hearing, I was provided the photocopy of three pages i.e. N/1, N/2 and N/3 from File no 096327789/tehkp dt 19/05/2015 (attachment for reference). notice letter Under RTI act 2005, I request you to provide the following:
1. The certified copy of the three pages as mentioned above i.e. N/1, N/2, N/3 from file no 096327789/tehkp.
2. Details of the officer (Name, Designation, office address) who has the possession of the file 096327789/tehkp as on 23.02.2024,
3. As mentioned above, kindly provide certified copy of the minutes of meeting (MOM) which was held on 08 June 2015 against letter No. F.4(102)/SDM(KH)/SW/2015/19910 dt 04/06/2015 in the said matter."

CIC/REVDP/A/2024/623058 CIC/REVDP/A/2024/623101 Page 3 of 7

5. Not having received any response from the CPIO, the Appellant filed a First Appeal dated 23.02.2024. The FAA's order is not on record.

6. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-
Appellant: Present in person.
Respondent: Shri Pankaj Joshi, Dealing Assistant, appeared in person.

7. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 30.05.2024 is not available on record.

8. The Appellant inter alia submitted that information sought was not provided by the Respondent Authorities till the date of hearing. He requested the Commission to take necessary action in the matter and direct the Respondent the concerned PIO to provide the information free of cost.

9. The Respondent while defending their case inter alia submitted that the Ms. Anuja Trivedi, PIO has filed detailed written submission explaining complete facts of the case and requested the Commission to place the same on record. The relevant paras of the written submission are reproduced as under:

That the information sought by the appellant pertains primarily to the movement of certain files and certified copies of specific internal records allegedly maintained in the office.
3. After conducting a thorough search of the available records, it is respectfully submitted that the specific information sought by the appellant is not available in the records of this office. No such files/records in the form requested could be traced in the current physical or electronic record CIC/REVDP/A/2024/623058 CIC/REVDP/A/2024/623101 Page 4 of 7 registers. The relevant dealing assistant(s) and branch staff were also consulted, and they have confirmed non-availability of the requested documents.
4. That the non-availability of the record appears to be due to the fact that the concerned files are either old, untraceable, or may have been handled prior to the current incumbency. However, the office has not denied information intentionally, but only on account of non-availability of the concerned record, as permitted under Section 2(f) of the RTI Act.
5. That, in order to ensure transparency and to make every possible effort to trace the missing files, a circular/order has already been issued in the office directing all branches and dealing hands to trace and report the movement of the concerned files. The circular requires each branch to verify their record rooms/registers and submit a status report. The process of tracing and reconciliation is currently underway.
6. That as soon as any relevant file or record is traced as per the circular, the information permissible under the RTI Act will be provided to the appellant without delay.
7. That there is no deliberate or mala fide intention to withhold information; rather the non-availability of the record is purely administrative and ......."

Decision:

10. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the Appellant's RTI applications dated 05.01.2024 were not replied to by the PIO within the time prescribed under the RTI Act. Even after receipt of the hearing notice from the Commission, no reply was furnished to the Appellant prior to the hearing. Further, the PIO, Ms. Anuja Trivedi, failed to upload the complete written submission on the CIC portal (link given in the hearing notice), as only one page has been uploaded, while the remaining pages were not filed before the Commission. Besides, copy of the written submission was not served upon the Appellant. The Commission also takes serious note of the fact that the representative appearing on behalf of the PIO failed to produce any authority CIC/REVDP/A/2024/623058 CIC/REVDP/A/2024/623101 Page 5 of 7 letter authorizing him to represent the Public Authority during the hearing, which reflects administrative laxity and casual conduct in dealing with statutory proceedings under the RTI Act.

11. The Commission observes that such omissions and lack of procedural compliance on the part of the PIO hinder the objective of transparency and are contrary to the duties of a Public Information Officer under Sections 5 and 7 of the RTI Act. Accordingly, the Commission cautions Ms. Anuja Trivedi, PIO, to remain vigilant in the discharge of her statutory obligations in future, ensure timely replies to RTI applications, upload complete and proper written submissions in CIC proceedings, and serve a copy of such submissions on the concerned Appellant as mandated.

12. In the interest of justice and transparency, the Commission further directs the PIO to immediately provide a complete copy of the written submission to the Appellant. Additionally, the PIO is directed to make one more concerted effort to trace the relevant records, as assured in the written submission, and to furnish a revised and comprehensive revised reply to the Appellant, strictly in accordance with the RTI Act, within four weeks from the date of receipt of this order. Compliance report shall be uploaded before the Commission thereafter.

13. The FAA to ensure compliance of this order.

The appeals are disposed of accordingly.

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date CIC/REVDP/A/2024/623058 CIC/REVDP/A/2024/623101 Page 6 of 7 Copy To:

The FAA, O/o the Addl. District Magistrate, South West District, Old Terminal Tax Building, Kapashera, New Delhi - 110037 CIC/REVDP/A/2024/623058 CIC/REVDP/A/2024/623101 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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