Central Information Commission
Ms.Shanti Devi vs Government Of Nct Of Delhi on 15 January, 2014
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/AD/A/2012/003372SA
(Shanti Devi Vs. Dept. of Revenue, GNCTD )
Appellant : Ms. Murti Devi
Respondent : Dept. of Revenue, GNCT
Date of hearing : 15.1.2014
Date of decision : 15.1.2014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) and 20 of the
RTI Act
Result : Adjourned
FACTS
Heard today dated 15.1.14. Appellant not present. Public Authority is represented by Shri Ashok Kumar, APIO.
2. The Appellant filed an RTI application dated 17.1.12 with the PIO, Dept. of Revenue, GNCTD seeking information against seven points with regard to the daily progress made on the application submitted by her on 17.6.11 regarding issuance of caste certificate for her son. On not receiving any reply, the Applicant filed an appeal dt.1.3.12 with the Appellate Authority reiterating her request for information. The Appellate Authority disposed of the appeal vide his order dt.2.7.12 giving following directions:
i) PIO is directed to examine her RTI application and provide information to Appellant within two weeks.
ii) SDM is directed to ensure issuance of caste certificate without further delay as per application for caste certificate was made in June 2011, if the applicant is eligible as per rules.
On not receiving any further reply, the Appellant filed a second appeal dt.9.10.12 before CIC.
3. During the hearing, Shri Ashok Kumar, APIO, O/o SDM(HK) says he came to know about the existence of RTI only after receiving the hearing notice from CIC. He says after division, it is his responsibility to respond to RTI request to the Appellant. He explained during Jan.2012, RTI application was filed and the then PIO has not replied at all. The petitioner approached the FAA who ordered the PIO to examine and provide information to the Appellant within two weeks. SDM was also directed to ensure issuance of caste certificate without further delay as her application for caste certificate which was made in June 2011, if applicant was eligible. The Respondent says that division was sub divided in Nov.2012 and there was no action or response on this issue till this date. He also says that Appellant did not approach him. He agrees that it is the duty of present PIO/APIO to comply with the directions of FAA's order dt.2.7.12. However, he adds that he did not know the existence of order of FAA. He came to know about its existence when he received the hearing notice from CIC on 6th Jan.2014. Since the then PIO did not respond to RTI application, it is a clear violation of RTI provisions. Even after the directions of FAA to furnish the information within two weeks, the then PIO did not comply. Shri Ashok Kumar, APIO has taken charge on 1.11.2012 and adds that the file was not forwarded to him. He claimed that hearing notice dated 6th Jan.2014, has been received by the O/o SDM(Mehrauli) and there was no response till date. According to RTI Act, PIO should have responded within thirty days i.e. on 17th Feb.2012. On 2.7.12, SDM(HK) was directed to ensure issuance of caste certificate without further delay as the application for caste certificate was made in June 2011. This order was also not complied with till today. From these facts and submissions of present APIO, it is established that there is a huge delay of nearly two years . It is a very serious lapse on the part of O/o SDM (HK). Though the present APIO, Shri Ashok Kumar is responsible since 1.11.2012, he claims he does not know about the existence of RTI and related files. This again reflects most unsatisfactory functioning of the office in responding to a simple request for caste certificate and an RTI application related to that. The Commission hereby directs the present APIO to furnish the information sought for within one week to which APIO agreed. The Respondent officer has submitted computer extracted sheet on the day of hearing which discloses that the application of the Appellant dated 17.6.11 has been rejected by Tehsildar on 4.1.14 and also says that file is not available at desk. The Respondent officer says he would comply with the directions of AA but is not in a position to say anything about issuance of caste certificate because of absence of application form. The officer says he can only give a reply that application of the Appellant was rejected. Such an information, if given to Appellant is not proper compliance of the directions of FAA which specifically mandated the PIO to act on the eligibility of application and rejection based on nonavailability of file and furnishing that information cannot be treated as compliance of FAA order.
4. The Commission is constrained to issue show cause notice as to why maximum penalty cannot be imposed against the then PIO, Shri Rajiv Singh who is apparently responsible for the delay from 17.2.12 to 31.10.12 and the O/o SDM(HK) which is responsible for the delay from 1.11.12 to till date. SDM(HK) is hereby directed to send Show cause notice to the then PIO, get the explanation, submit that explanation along with SDM(HK)'s explanation for the delay to the Commission by 3.2.14. The Commission provides Shri Rajiv Singh an opportunity to be present for the hearing at 12.40 pm on 3rd February 2014 and explain his version of reasons for delay. The Commission also directs SDM(HK) to depute an officer besides APIO who will be responsible in dealing with these issues to furnish proper information and also explain why maximum penalty cannot be imposed against the office which means head of the office who is in charge of overall functioning of office for the delay at the above date and time.
4. Hearing adjourned.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Tarun Kumar) Additional Registrar Address of parties
1. The CPIO O/o Sub Divisional Magistrate Hauz Khas Old Tehsil Building Mehrauli New Delhi 110 030
2. Mrs. Shanti Devi S85/H15, Red Tomb Camp Panchsheel Park New Delhi 110 017