Central Information Commission
Mrgopal Prasad vs Ministry Of Urban Development on 24 April, 2014
CENTRAL INFORMATION COMMISSION
Room No. - 308, 2nd Floor, Bhikaji Cama Place,
August Kranti Bhawan, New Delhi - 110066.
Website: cic.gov.in
File No. CIC/DS/A/2011/004154/KY
Appellant : Shri. Gopal Prasad
H. No. 210, Gali No.3
Pal Mohalla, Near Mohan
Baba Mandir, Mandavali,
New Delhi-110092
Public Authority : The Dy. Director (I.S) PIO
DDA, Vikas Mandir, 1st floor
IP Estate, New Delhi-110002
Date of Hearing : 24/04/2014
Date of Decision : 24/04/2014
Presence:
Appellant : Absent
PIO : Smt. Poonam Dewan, Director (LS) and PIO
FACTS:
1. Vide RTI application dated 04.04.2011 the appellant has sought information four issues as contained in his Application.
2. PIO reply dated 03.06.2011, has given the information to the appellant.
3. The first appeal was filed on 08.09.2011 as the desired information was not provided by the PIO.
4. Vide order dated 14.12.2011; FAA upheld the decision of PIO.
5. Grounds for the Second Appeal filed on 22.11.2011 are contained in the Memorandum of appeal.
6. HEARING Appellant opted to be absent despite of our due notice to him. Respondents appeared before the Commission personally and made the submissions at length.
DECISION During the hearing of the appeal, it is submitted by the respondents that they have provided the complete information to the appellant as per his RTI application dated 04.04.2011 on the basis of their reply dated 03.06.2011.
It is to be seen here that the appellant, vide his RTI Application dated 04.04.2011, sought some information from the respondents on four issues as contained therein. Respondents vide their responses dated 04.05.2011 & 03.06.2011, reportedly provided the required information to the appellant on all four issues. Being aggrieved by the aforesaid response, FA was filed by the appellant on 08.09.2011 before the FAA, who vide his order dated 14.12.2011, disposed of the appeal by holding that PIO has already supplied the information to you on the basis of record available in their office. Hence, a Second Appeal before this Commission.
As per the respondent's written submission dated 24.04.2014, the appellant was requested to come in their office for inspection of the record and to pin point the documents still needed by him. However, the appellant did not turn up for the purpose.
.........2 -2- The Commission heard the submissions made by respondents at length. The Commission also perused the case-file thoroughly; especificaly, nature of issues raised by the appellant in his RTI application dated 04.04.2011, PIO's response dated 04.05.2011 & 03.06.2011, FAA's order dated 14.12.2011, the respondent's written submission dated 24.04.2014 and also the grounds of memorandum of second appeal.
The Commission finds no legal infirmity either in the order of PIO or in the FAA's order to interfere in this regard. As such, both orders are hereby upheld. In view of this, the appellant's appeal devoid of merits and deserves to be dismissed. Therefore, it is dismissed. Apart from above, the appellant's appeal is a non-pressed despite of our due notice to him.
The appeal is dismissed accordingly.
Sd/-
(M.A. Khan Yusufi) Information Commissioner Copy of this Decision be given free of cost to the parties.
Authenticated true copy (K. L. Das) Deputy Registrar
1. Smt. Poonam Dewan, Director (LS) and PIO DDA, Vikas Mandir, 1st floor IP Estate, New Delhi-110002
2. Shri. Gopal Prasad H. No. 210, Gali No.3 Pal Mohalla, Near Mohan Baba Mandir, Mandavali, New Delhi-110092