Central Information Commission
Mukesh Vashisht vs Delhi Development Authority on 26 October, 2020
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/Second Appeal No. CIC/DDATY/A/2019/600979
Mukesh Vashisht ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, Delhi Development ... ितवादी/Respondent
Authority, New Delhi.
Relevant dates emerging from the appeal:
RTI : 17-09-2018 FA : 01-11-2018 SA : 18-01-2019
CPIO : 19-10-2020 FAO : Not on Record Hearing: 20-10-2020
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Delhi Development Authority, New Delhi seeking following information regarding procurement of land and compensation by DDA for Land Khasra Number: 25/3/1:-
"1. As per your record, kindly inform whether the above mentioned land is procured by DDA or not. If yes, please supply supporting documents.
2. Please provide details regarding the mode and amount of compensation provided for such procurement, if any.
3. Kindly furnish supporting documents stating the exact location of the land, length and width of the land (in square yards). Please inform whether this land is inside DDA wall boundary or outside.
4. Please mention the Khasra numbers of the lands surrounding this land from all 4 sides.
5. Kindly provide supporting documents in case the land with Khasra number 18/23/2 is under the procurement process of DDA procurement. If the above mentioned land is not under the Page 1 of 3 procurement process, then kindly state the reason of such non- procurement.
6. Please provide the dimensions of above mentioned land(khasra number 18/23/2) in square yards."
2. The CPIO responded on 19-10-2020. The appellant filed the first appeal dated 01-11-2018 which was not disposed of by the first appellate authority. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.
Hearing:
3. The appellant, Mr. Mukesh Vashisht attended the hearing through audio conferencing. Mr. Suresh, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.
4. The appellant stated that no information has been provided by the CPIO till date.
5. The respondent submitted that vide their written submissions dated 19-10-
2020, they have informed the appellant that no such information is available with the CPIO and the record may be available with the Government of National Capital Territory of Delhi (GNCTD) and LAC (North)/SDM(Narela). Decision:
6. This Commission observes that the reply has been given for the first time on 19-10-2020 which is found to be appropriate since the relating records are not available with the public authority and it may be available with the Government of National Capital Territory of Delhi (GNCTD) and LAC (North)/SDM(Narela).
However, there is a considerable delay in responding to the RTI application. This indicates that the then CPIO who held charge of the RTI application has not acted with all due alacrity and has instead obstructed the flow of information despite being aware of the compulsions of time and the imperatives of providing information without any delay. The CPIO cannot evade his responsibility by simply marking the RTI application to his dealing assistant. He also failed to ensure that as and when an RTI application is received, the CPIO is obligated to act upon promptly and in any case within the stipulated period. In view of this, the Commission is constrained to impose a penalty of Rs. 1000/- u/Section 20(1) of the RTI Act, 2005 on the then CPIO who held charge of the RTI application during the relevant period for his casual and callous approach in responding to the RTI Page 2 of 3 application. The amount of Rs. 1000/- shall be deducted by the Public Authority from the salary of the then CPIO after identifying from their records by way of a demand draft drawn in favour of "PAO, CAT", New Delhi and the demand draft should be forwarded to the Deputy Registrar (CR-II), email: [email protected] Room No. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067. This demand draft of Rs. 1000/- should reach the Commission by 19.11.2020.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
सूचना आयु )
Information Commissioner (सू
दनांक / Date:20-10-2020
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. The CPIO
Delhi Development Authority, Dy. Director & Nodal CPIO, RTI Imp. And Co-Ordination Branch, C-Block, 3rd Floor, Vikas Sadan, I. N. A., New Delhi-110023.
2. Mukesh Vashisht Page 3 of 3