Central Information Commission
Ashok Kumar Vashisht vs Office Of The Additional Distt. ... on 20 March, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/ADDDM/A/2018/614065
CIC/ADDDM/A/2018/141549
Shri Ashok Kumar Vashisht ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/Sub- Divisional Magistrate-(Kapashera)
(Govt. of NCT of Delhi)
Through: ...प्रनतवादीगण /Respondents
Date of Hearing : 18.11.2019
Date of Decision : 19.11.2019
Show Cause Hearing : 12.03.2020
Date of Decision : 13.03.2020
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. RTI Filed on CPIO reply First appeal FAO
614065 06.11.2017 15.12.2017 27.12.2017 03.01.2018
141549 24.01.2018 26.04.2018 20.03.2018 02.05.2018
CIC/ADDDM/A/2018/614065
Appellant filed the RTI application dated 06.11.2017seeking information on two
points:-
1. Whether I can carry out construction on my plot as per the Khasra No.
603 given in the Rakwa? If not, provide reasons there.
2. Provide a copy of a complaint dated 31.07.2017 submitted by Shri
Sunil Kumar regarding illegal construction at Khasra No. 601.
PIO/SDM (Kapashera) vide letter dated 15.12.2017 provided point wise
information to the Appellant.
Page 1 of 4
Being dissatisfied, the Appellant filed First Appeal dated 27.12.2017. FAA vide
order dated 03.01.2018 instructed the PIO to reframe the reply to Q. No. 1 and 2
and send it within 10 days.
Feeling aggrieved over non-compliance of the FAO, Appellant approached the
Commission with the instant Second Appeal.
CIC/ADDDM/A/2018/141549
Appellant filed the RTI application dated 24.01.2018 seeking information on two
points:-
1. Whether the 12 feet road drawn out between plot nos. 601 and 603
as per site inspection report dated 27.03.1993 has been taken on
records or not?
2. Provide a copy of map of the above said road.
PIO/SDM(Kapashera) vide letter dated 26.04.2018 provided point wise
information to the Appellant.
Being dissatisfied, the Appellant filed First Appeal dated 20.03.2018. FAA vide
order dated 03.05.2018 directed PIO/SDM(KH) to provide the required
information to the Appellant within 10 days and if the queries do not pertain to
their sub-division then transfer the RTI application to the concerned PIO within
05 days as per the provisions of the RTI Act, 2005.
Feeling aggrieved over the non-compliance of FAO, Appellant approached the
Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the PIO/SDM(HQ) vide letter dated 23.10.2019.
Appellant is present and heard. The Respondent is not present despite advance notice of hearing. The Appellant submits that even after the orders of First Appellate Authority information has not been provided to him.
Decision:
It is noted that the FAA's orders dated 03.01.2018 and 03.05.2018 in the above mentioned appeals directing the PIO to provide information have not been complied with. The PIO/SDM Kapashera has not only failed to provide the requisite information but also caused obstruction to the flow of information and violated the specific directions of the FAA. The PIO has, moreover, not bothered to attend the hearing nor has he submitted any written submission justifying the non-furnishing of information.Page 2 of 4
Under the circumstances, the Commission directs the Registry of this Bench to issue Show Cause Notice to the then PIO/SDM Kapashera through the present PIO/SDM Kapashera for not providing the requisite information, causing obstruction to the flow of information and violation of the specific directions of the FAA. The present PIO SDM/Kapashera should explain why he was absent during the hearing of the Second Appeal despite service of hearing notice in advance. Written explanation, if any, must reach the Commission by 18.12.2019, whereupon, hearing shall be scheduled in due course, if deemed necessary.
Show Cause Hearing: 12.03.2020 The Commission is in receipt of communications dated 13.12.2019 and 14.02.2020 from Sh. M T Kom-ADM whereby Show Cause Notice and order of the Commission were forwarded to Sh. Nitin Jindal-SDM, Kapashera and he was informed to submit his reply before the Commission. The Noticee- Sh. Nitin Jindal has sent a reply dated 09.03.2020, relevant excerpts whereof are as under:
"3. That at the outset, it is the humble submission of the answering respondent that no deliberate obstruction of information or in contravention of FAA's orders is committed on the part of answering respondent.
4. It is humble submission of the undersigned that on 18.11.2019 the concerned Halka Patwari of village Chhawla was directed to appear before this Hon'ble Commission, however, due to road blockage, the Halka Patwari could not be able to reach and attend the above captioned matter pending adjudication before the Hon'ble Commission.
5. That the non-appearance on behalf of PIO/SDM(Kapashera) is neither deliberate nor intentional but only because of the aforesaid reasons.
6. That the APIO/Tehsildar(Kapashera) on 04.03.2020 issued a letter to the appellant for his personal appearance and same was duly informed to the appellant telephonically to provide the requisite information as sought by the appellant.
7. That on 05.03.2020 the appellant appeared before the APIO/Tehsildar(Kapashera) was shown one file related to the demarcation of suit land. However, it was informed by the appellant he has already having the copy of this file and for second file it humble requested that some more time may kindly be granted to provide the requisite information as sought by the appellant as the PIO/SDM(Kapashera) is also holding additional duty in North East district from last two weeks for assessments and disbursement of compensation to the riots victims.
8. It is humbly prayed on behalf of PIO/SDM (Kapashera) that the requisite information as sought by the appellant will be furnished by the undersigned at the earliest.
9. That the undersigned makes its sincere apologies for miss convenience caused to this Hon'ble Commission as well as to the appellant.Page 3 of 4
Show Cause Decision: 13.03.2020 In the given circumstances, the Commission directs the Noticee- Sh. Nitin Jindal-SDM, Kapashera to:
i) ensure that complete information is supplied to the appellant, with respect to both the above RTI applications, within two weeks of receipt of this order and submit a compliance report before the Commission by 03.04.2020;
ii) explain the cause of delay in answering the RTI queries raised by the appellant, non-compliance of the FAA's orders dated 03.01.2018 and 03.05.2018 and repeated absence of the Noticee during hearing of Second Appeal as well as hearing of the Show Cause. Explanation from Sh. Nitin Jindal must reach the Commission by 03.04.2020 and Registry of this Bench is directed to re-schedule the hearing of the Show Cause cases on 23.04.2020. The Noticee is directed to remain present on the said date of hearing.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514 Page 4 of 4