Central Information Commission
Prem Shanker Agrawal vs Estate Office on 22 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No : CIC/ESOFF/C/2023/121321
Prem Shanker Agrawal ....िशकायतकता /Complainant
VERSUS
बनाम
PIO,
The Tehsildar Estate Office,
Sector- 17, U.T.
Chandigarh-160017 .... ितवादीगण /Respondent
Date of Hearing : 22.07.2024
Date of Decision : 26.07.2024
Date of SCN hearing : 14.08.2025
Date of SCN Decision : 19.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 20.03.2023
CPIO replied on : Not on record
First appeal filed on : 10.05.2023
First Appellate Authority's order : 15.06.2023
2nd Appeal/Complaint dated : 26.07.2023
RTI application filed on : 08.08.2022
CPIO replied on : Not on record
First appeal filed on : 03.10.2022
First Appellate Authority's : Not on record
order
2nd Appeal/Complaint dated : 28.03.2023
Page 1 of 10
Information sought:
The Complainant filed an RTI application dated 08.08.2022 seeking the following information:
"Please furnish the documents as information under RTI Act 2005 under Section 2 (f) & 2 (i) (iv) as mentioned below:
1. Certified copy of the reply letter received from Additional Registrar, Cooperative Societies, U.T. Chandigarh with diary number along with receiving date against your memo no. 378547/Teh (E)SIE/2020 dated 04.09.2020 sent to him.
2. Certified copy of the reply letter received from Additional Registrar, Cooperative Societies, U.T. Chandigarh with diary number along with receiving date against your memo no. 453818/Teh (E)/SIE/2022 dated 22.06.2022 sent to him.
3. Certified copy of the reply letter received from Additional Registrar, Cooperative Societies, U.T. Chandigarh with diary number along with receiving date against your memo no. 456456/Teh (E)/SIE/2022 dated 11.07.2022 sent to him.
4. Certified copy of the reply letter received from SDO (B), Estate Office, U.T. Chandigarh with diary number along with receiving date against your memo no. 453820/Teh (E)/SIE/2022 dated 22.06.2022 sent to him.
5. Certified copy of the reply letter received from SDO (B), Estate Office, U.T. Chandigarh with diary number along with receiving date against your memo no. 456458/Teh (E)/SIE/2022 dated 11.07.2022 sent to him.
6. Certified copy of the reply letter received from the President. CSIO Society, Vigyan Vihar, Sector-49-A, Chandigarh with diary number along with receiving date against your Endst No.453822/Teh (E)/SIE/2022 dated 22.06.2022, Endst No.456460/Teh (E)/SIE/2022 dated 11.07.2022.
7. Certified copy of the reply letter received from SDO (B), Estate Office, U.T. Chandigarh with diary number along with receiving date against your Endst No. 448499/Teh (E)/SIE/2022 dated 13.05.2022 sent to him and the action taken report on the letter on SDO (B), Estate Office, U.T. Chandigarh against Endst No. 448499/Teh (E)/SIE/2022 dated 13.05.2022 sent to you.
8. Certified copy of the letter received from the President. CSIO Society, Vigyan Vihar, Sector-49-A, Chandigarh attached as Annexure "F" with the Memo No. 448498/CPIO-cum-Teh (E)/SIE/2022 dated 13.05.2022 sent to Information Commissioner, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi.Page 2 of 10
9. Certified copy of the reply letter sent to SDO(B) by Tehsildar-cum-CPIO (Enforcement), Estate Office, U.T. Chandigarh with diary number along with receiving date against his memo no. 452066//SDO(B)/CSIO Soc-49/2022 dated 09.06.2022 and also the copy of reply letter sent to Superintendent Estate-ii- cum-
CPIO, Chandigarh Administration against his letter: No. 07-RTI-CPIO-SE-II- 2022/9932 dated 06.07.2022.
10. Certified copy of rules/laws/norms framed by Chandigarh Administration to remove the Encroachments from all the places in the City with responsible authorities / departments."
Having not received any response from the CPIO, the complainant filed a First Appeal dated 03.10.2022. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing on 22.07.2024:
The following were present:-
Complainant: Present through VC.
Respondent: Shri Punay Deep Sharma, Tehsildar-cum-CPIO, attended the hearing through VC.
Order on 26.07.2024:
"The Complainant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application till date.
The Respondent submitted that their office has not received the instant RTI Application at the initial stage because of which the same could not be replied within stipulated time frame.
The Commission interjected and asked the Respondent that whether they have received the copy of RTI Application and First Appeal along with the hearing notice from the Commission, he replied in negative. The Commission further asked that who was the then CPIO, the answering Respondent submitted that Shri Yogesh Kumar, Tehsildar was the then CPIO. He further volunteered to provide the relevant information to the Complainant within one week.Page 3 of 10
Decision The Commission after adverting to the facts and circumstances of the case, observes that no reply qua the instant RTI Application has been given to the Complainant as per available records. Further the Respondent submitted that their office has neither received the RTI Application at the initial stage nor with the hearing notice from the Commission, which is misleading because the RTI was filed online bearing registration No. UTCEO/R/E/22/00240 as per Annexure A-2 of the Complaint. Therefore, Shri Punay Deep Sharma, Tehsildar-cum- CPIO, has not only mislead the Commission by averring that their office has not received the RTI Application with the hearing notice from the Commission but has also vitiated the proceedings of the hearing. The Commission expresses severe displeasure against the conduct of Shri Punay Deep Sharma, Tehsildar-cum-CPIO and accordingly admonishes him. The Commission strictly cautions him to acquaint himself well with the facts and circumstances of the case while appearing before the Commission.
Accordingly, the Commission expresses severe displeasure on the conduct of the then CPIO Shri Yogesh Kumar, Tehsildar for not providing any reply qua the instant RTI Application and Shri Punay Deep Sharma, Tehsildar-cum-CPIO, for misleading the Commission and therefore they are being called to show cause. The act of the concerned CPIOs, tramples upon the citizen's right under the RTI Act as well as shows lack of respect towards the Commission. In view of the above, inaction on his/her part is prima facie established and therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice to the then CPIO Shri Yogesh Kumar, Tehsildar and Shri Punay Deep Sharma, Tehsildar-cum-CPIO. The CPIO's shall explain in writing as to why action should not be initiated against them under Section 20(1) and 20(2) of the RTI Act for the foregoing reasons, written explanation of then CPIO and the present CPIO for not providing any reply within stipulated time frame as per the provisions of RTI Act should reach the Commission within four weeks from the date of receipt of this order.
Be that as it may, the Commission further observes that Shri Punay Deep Sharma, Tehsildar-cum-CPIO, has submitted before the bench that Page 4 of 10 he has not received the instant RTI Application along with the hearing notice of the Commission and accordingly the Commission deems it fit to direct Shri Punay Deep Sharma, Tehsildar-cum-CPIO, to submit an appropriate affidavit, on non-judicial stamp paper deposing the factum of non-receipt of the same. The said affidavit should be submitted to the Commission with its copy duly endorsed to the Complaint, along with the written explanation to the SCN.
The Complaint is disposed off accordingly."
Relevant Facts emerged during Show-Cause proceedings held on 14.08.2025:
I. The following were present:- Complainant: Not Present.
Respondent: Shri Punay Deep Sharma, Tehsildar present through Video-
Conference.
II. Reply dated 24.07.2024 of the Respondent is taken on record and the same is reproduced hereinbelow:
"1. As per official record of Enforcement Wing, no such copy has been found in the record, in respect of letter dated 04.09.2020 sent by this office.
2. Copy Enclosed as Annexure A
3. Copy Enclosed as Annexure A
4. As per official record of Enforcement Wing, no reply has been received from the SDO (B), Estate Office, U.T., Chandigarh in response to this office letter dated 22.06.2022 sent by this office.
5. Copy Enclosed as Annexure B
6. As per official record of Enforcement Wing, no reply has been received from the President CSIO Society, Vigyan Vihar. Sector 49-A, Chandigarh in respect of letter dated 22.06.2022 & 11.07.2022 sent by this office.Page 5 of 10
7. The letter dated 13.05.2022 had been marked to the Hon'ble Commissioner, marked to the Hon'ble Commissioner, Central Information Commissioner, Baba Gang Nath Marg, Munirka, New Delhi and the same was also Endst to SDO (B), Estate Office, U.T., Chandigarh. In response to this, no letter had been received from the SDO (B), U.T., Chandigarh as well as a copy of the same was also Endorse to Sh. Prem Shanker Agrawal.
8. Copy Enclosed as Annexure C
9. Copy Enclosed as Annexure D, moreover, the letter no. 07-RTI- CPIO- SE-II- 2022/9932 dated 06.07.2022 had not received in Enforcement Wing. Estate Office, U.T., Chandigarh.
10. Copy Enclosed as Annexure E & F. Moreover, if any complaint is received in the enforcement wing related to encroachment, field staff takes immediate action, if the matter does not pertains our office it is forwarded to the concerned department for taking necessary action in the matter."
III. Written explanation of Shri Yogesh Kumar dated 04.09.2024 is taken on record and the same is reproduced hereinbelow:
"After perusal the orders it has been found that the undersigned have been issued a Show Cause Notice for non-supplying the information under RTI Act to Sh. Prem Shanker Agrawal for his RTI application dated 08.08.2022.
It is worthwhile to mentioned here that I have joined this office on 20.07.2020 and transfer from this office on 23.01.2024. During my tenure the undersigned and his office did not receive the RTI Application dated 08.08.2022 in the Enforcement Wing, Estate Office, U.T., Chandigarh. Further, in the order it has also mentioned that the applicant has also filed the appeal before the First Appellant Authority, in this regard, the undersigned undertake that he and his office did not receive any summon / notice with regard to the hearing of the first appeal filed by the said applicant nor any order had been received from the First Appellant Authority.
Accordingly, the undersigned is do hereby undertake that Page 6 of 10
1. His office did not receive the application of Sh. Prem Shanker Agrawal for supplying the information under RTI Act, which is stated to be filed on 08.08.2022.
2. The applicant submitted before the Hon'ble Central Information Commission that he has filed first appeals before first appellant authority on 03.10.2022. In this respect the undersigned also undertake that he and his office did not receive any summon / notice with regard to the hearing of the first appeal filed by the said applicant.
3. Moreover, a status of RTI application no. UTCEO/R/E/22/00240 dated 08.08.2024 has been checked online and it has been found that the said application stands in the account of Sh. Surinder Kumar (Copy of the same is enclosed herewith for ready reference).
4. In view of above, since the RTI application dated 08.08.2022 not received in my tenure nor any summon/order/notice had been received from the First Appellant Authority, U.T, Chandigarh, hence this show cause notice should be dropped."
IV. Written explanation of Shri Punay Deep Sharma, CPIO dated 06.09.2024 and 08.08.2025 is taken on record and the same is reproduced hereinbelow:
"With reference to subject cited above. I received a summon from the Central Information Commissioner on 19.07.2024 at 05:05 P.M., wherein it was ordered that the appeal/complaint in respect of RTI Application dated 08.08.2022 filed by the appellant/complainant was listed for hearing before Hon'ble Information Commissioner Mr. Vinod Kumar Tiwari on 22.07.2024 at 11:45 A.M. I attended the hearing and it was found that the applicant had submitted an RTI application (No. UTCEO/R/E/22/00240) dated 08.08.2022 through online mode, but it was not received in the Enforcement Wing, Estate Office, U.T.. Chandigarh. Moreover, the applicant had also filed an appeal before the First Appellant Authority on dated 03.10.2022 vide application no. 581766, but no order/information in this regard had been received in the Enforcement Wing, Estate Office, U.T., Chandigarh from the First Appellant Authority.
On 22.07.2024, the Hon'ble Court ordered to supply the information within 2 days to Sh. Prem Shanker Agrawal. I have already supplied the information to Sh. Prem Shanker Agrawal vide this office letter memo no. 2309 dated 24.07.2024, which was sent through Regd. Post as well Page 7 of 10 as through E-Mail ([email protected]). A copy of the same was also addressed to Hon'ble Information Commissioner, Central Information Commissioner vide this office letter memo no. 2310/Teh (Enf.) SIE/2024 dated 24.07.2024.
Furthermore, it is worthwhile to mention here that I have joined the Estate Office, U.T., Chandigarh on 10.01.2024 and has been assigned the Charge of Tehsildar (Misuse/Enforcement) (South) on 07.03.2024 (Copy of the same is enclosed herewith for ready reference). Moreover, I have also taken the undertaking/affidavit from concerned Sub-Inspector (Enf.). Estate Office. U.T., Chandigarh in this regard. Since the RTI application dated 08.08.2022 was not within my tenure, as I have jointed Chandigarh Administration in Jan, 2024 and further I have been assigned the charge of Tehsildar (Enforcement/Misuse) on 07.03.2024, I have also enclosed an affidavit in support of this fact, on the basis of undertaking/affidavit given by concerned Sub-Inspector (Enf.), Estate Office, U.T., Chandigarh in this regard, which clearly establishes that the RTI application was made during a period when I was not posted in Chandigarh Administration.
In view of above, it is requested that the Show Cause Notice may be filed. I will be highly obliged.
Moreover, being Tehsildar (Enforcement), currently we have conducted the Demolition Drive on 05.11.2024 and remove all the encroachment from the site in question.
In view of above, it is requested that the Show Cause Notice may be filed. I will be highly obliged."
V. The Respondents submitted that vide their letter dated 24.07.2024, complete point-wise reply/information was provided to the Appellant as per the documents available on their record.
VI. Upon being queried by the Commission, the Respondent informed that Shri Yogesh Kumar is now posted in Haryana Government as Financial Commercial Revenue Officer.
VII. The Respondents also explained in the written submissions regarding delay in providing reply and reason for non-appearance on last date of hearing. The explanations of the Respondents were seen during the hearing.
Page 8 of 10Decision in respect of Show-Cause proceedings:
VIII. The Commission, after adverting to the facts and circumstances of the case, hearing the Respondents and perusal of records, observed that as per the Respondents point-wise information/reply has been furnished to the Appellant vide letter dated 24.07.2024. The Respondents during the hearing as well as in their written submissions explained the reasons for the delay that occurred in providing the information. The explanations given by the Respondents appear to be reasonable and there is no mala fide on part of the Respondents. The delay caused in the matter appears to be inadvertent. In the absence of any mala fide, there is no reason for taking penal action against the CPIOs. Therefore, the show cause notice issued against Shri Yogesh Kumar, Tehsildar and then CPIO and Shri Punay Deep Sharma, Tehsildar-cum-CPIO are hereby dropped.
IX. Before parting with the case at hand, the Commission wishes to remark that such pertinent facts, as submitted during Show Cause proceedings by the Respondents, should be put on record before the Commission during the first date of hearing itself in order to reduce the time, energy and efforts in adjudication on such matters.
The show cause notice is hereby dropped, and the matter stands 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 Page 9 of 10 Copy To:
The FAA Assistant Estate Officer-II Estate Office, Sector- 17, U.T. Chandigarh-160017 Page 10 of 10 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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