Central Information Commission
Fiza Khan vs Gnctd on 27 May, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/GNCTD/C/2023/106629
FIZA KHAN ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
GNCTD, O/o District Magistrate,
South District, Hauz Khas,
New Delhi - 110016 ....प्रनतवािीगण /Respondent
Date of Hearing : 22-05-2024
Date of Decision : 24-05-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 04-08-2022
CPIO replied on : Not on record
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 08-02-2023
Information sought:
The Complainant filed an RTI application dated 04.08.2022 seeking the following information:
"a) Is it Correct that marriage was registered on dated 17.12.2018 vide Certificate no 90730000064107 between Tanveer Ali & Fiza Khan Under the 1 Special Marriage Act on the place of Revenue Department Govt Of Nct Of Delhi Office Of the District Magistrate Hauz Khas South District Yes/No
b) Do you register the marriage after the marriage or get marriage between the parties? After Marriage/ Before Marriage
c) What the status was written by the Tanveer Ali in his affidavit submitted at the time of registration of his marriage before this court? Married/ Unmarried / Divorce
d) What the status was written by the Fiza Khan in her affidavit submitted at the time of registration of her marriage before this court? Married Unmarried / Divorce
e) is the registration on marriage under Special Marriage Act its self-vide if any party related to registration on marriage provided false information to you and it comes to your knowledge after issue the manage certificate? Yes/No
f) Is the marriage of the parties it's self-void if they provided false information during the registration marriage to you? Yes/No
g) Do you have the power to cancel the registration of marriage after issued the certificate of marriage Yes/No
h) Kindly provide the procedure if you get the knowledge of forged/ false information during the registration of marriage? Yes/No Kindly provide the copy of documents file by the parties to register their marriage and I am ready to pay the charges, if any."
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 13-02-2024:
The following were present:-
Complainant: Absent Respondent: Absent 2 The Commission has passed the following observations and directions on 31.02.2024:
"The Commission is anguished to note that the hearing notice of the instant hearing has been dispatched through registered post bearing No. ED594746755IN on Respondent CPIO's address which was returned with remarks of the postal authority 'refused by the addressee.' This approach tramples upon the citizen's right under the RTI Act as well as shows lack of respect towards the Commission as it violates the letter and spirit of the RTI Act and accordingly the Commission expresses severe displeasure on the conduct of the Respondent, and he/she is admonished for the same besides being called to show cause. The act of the Respondent shows that he/she does not have any respect towards the RTI Act as well as the Commission. In view of the above, inaction on the part of the Respondent is prima facie established and therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice as to why maximum penalty should not be imposed under Section 20(1) and 20(2) of the RTI Act, to the CPIO, GNCTD, O/o District Magistrate, South District, Hauz Khas, New Delhi, for neither providing any reply qua the instant RTI Application to the Complainant nor accepting notice of the Commission nor participating in the instant hearing. The Registry of this Bench is directed to issue show cause hearing notice to the Complainant and as well as the Respondent and re-schedule the instant matter on a later date.
A copy of this order is marked to the FAA who shall ensure that a copy of this order is received by the erring CPIO. The FAA is further directed to ensure that under all circumstances, written submissions of the erring CPIO should reach the Commission within 30 days from the date of receipt of this order, failing which ex-parte action decision shall be taken. The FAA shall inform the Commission the name/names of the CPIO at the relevant time who was/were supposed to give reply to the Complainant and also the name of CPIO who refused to accept notice of Commission and also did not appear in the hearing."
Relevant Facts emerging during Show-Cause Hearing on 22.05.2024 Complainant: Present in person along with Shri Mahesh Kumar. Respondent: Dr. Mukesh Kumar, SDM and Shri Pawan Kumar, SDM present in person.
3Written submissions of the Complainant and the Respondent are taken on record.
The written explanation dated 05.04.2024 of Dr. Pranjal J. Hazarika, FAA is taken on record and the same is reproduced hereinbelow:
"4. The submissions of the CPIO/SDM (HQ) has been obtained. As per the submission of CPIO/SDM (HQ), it was submitted by CPIO that the notice of Hon'ble Commission was not received in the office of CPIO, 0/0 DM (South), as per Track Consignment No. ED594746755IN, it was never refused from the O/o CPIO, O/o DM (South), as all the Speed Post Consignments are moved through the office "Mehrauli SO", which is not reflected in the track details as per the annexed document. The submission of CPIO is enclosed.
5. That the submission of SPIO/SDM (Hauz Khas) has also been obtained and the same is enclosed.
6. It is humbly submitted that the record of office of FAA has been checked and it is found that the applicant has not filed the First Appeal in the office of FAA.
7. In view of the above, it is prayed by the SPIO that the delay in submission of the reply and non-appearance of the SPIO is neither intentional nor deliberate. SPIO has informed that due to the instant termination of duties of the dealing staff and shortage of staff and other administrative reasons the reply to the RTI has not been sent to the applicant in time bound manner. A fresh reply to the RTI has been sent to the applicant vide F.No.22/SDM/HK/RTI/2022/52 dated 18/03/2024. The SPIO has been warned to be careful in the future while dealing with the RTI applications and bestow personal attention in the RTI matters."
Written explanation of Dr. Mukesh Kumar, SDM, Hauz Khas is reproduced hereinbelow:
"1. It is humbly submitted that in the aforesaid matter, Hon'ble Commission vide it's order dated 16/02/2024 issued show cause notice to the undersigned as to why maximum penalty should not be imposed under section 20 (1) and 20 (2) of the RTI Act for not providing any reply qua the instant RTI application to the complainant and directed to file written submission.
2. That, it is humbly submitted that on receiving of the notice from Hon'ble Commission the details of RTI have been searched in receiving and dispatch register of the office. And it is found that vide dy. no. 35136 dated 04/08/2022 4 an application received from Fiza Khan and it has been duly marked and forwarded to Sh. Arshad Husain, office staff of marriage section of Hauz Khas.
But as per record of dispatch register of this office no detail of reply to this RTI has been found. Arshad Hussain was on call out duties to the office of SDM (Hauz Khas) and his duties were also terminated on 31/10/2023.
3. That, it is humbly submitted that immediately after receiving of notice from Hon'ble Commission and after inspection of aforesaid records, the fresh reply of the RTI vide F. No. 22/SDM/HK/RTI/2022/52 dated 18/03/2024 has been forwarded to the applicant.
4. That, I tender my unconditional apology for delay in providing reply to the complainant which was neither intentional nor deliberate. It was due to limited staff vis a vis multifarious roles assigned to the SDM.
5. It is humbly submitted that the undersigned has highest respect of this Hon'ble Commission and RTI Act. There was no malafide intension on the part of the undersigned in this matter. The applicant has sought information regarding her own marriage certificate which is available online to the applicant and about affidavit submitted by the applicant herself at the time of marriage. The other information which were sought are clarificatory in nature and not covered under section 2(f) RTI Act.
6. Keeping in view of the above facts and circumstances, it is humbly prayed before the Hon'ble Commission that the submission may be taken on record and kindly take the sympathetic view in this matter. The show cause notice issued against the undersigned may kindly be withdrawn Further it is assured that the direction of the Hon'ble Commission will be complied with timely and with utmost diligence in future."
Written explanation of Dr. Pawan Kumar, SDM, Hauz Khas is reproduced hereinbelow:
"In compliance to the direction of this Hon'ble Commission, it is humbly submitted that the information sought by the applicant was related to PIO/SDM (Hauz Khas) and the RTI application was also filed by the applicant before the Public Information Officer/SDM (Hauz Khas) on 04.08.2022.
It is humbly submitted that on receipt of decision dated 16.02.2024 of Hon'ble Commission, the decision of Hon'ble Commission was forwarded to concerned PIO/SDM (Hauz Khas) vide this office letter dated 18.03.2024 or immediate and 5 strict compliance (Copy is annexed as Annexure-I), wherein a copy of reply marked to Ms. Fiza Khan D/o Late Jameel Khan R/o WZ-367, 3rd Floor, Tihar Village, New Delhi has been provided by the PIO/SDM (Hauz Khas). Copy of the same is annexed as Annexure-II.
Further, the Hon'ble Commission has passed direction that "The Commission is anguished to note that the hearing notice of the instant hearing has been dispatched through registered post bearing No. ED 594746755IN on Respondent CPIO's address which returned with remarks of the Postal Authority "refused by the addressee."
In this context, it is humbly submitted that the notice of Hon'ble Commission was not received in the office of CPIO's O/o DM (South), as per Track Consignment No. ED594746755IN, it was never refused from the CPIO's O/o District Magistrate (South), as all the Speed Post/Consignment in respect of CPIO's O/o District Magistrate (South) are moved through the office "Mehrauli SO", which is not reflected in the track consignment detail. Copy of Track Consignment Report is annexed as Annexure-III.
In view of above, it is submitted that the delay in providing information to the applicant by the concerned PIO is regretted, which were never deliberate, for the same an unconditional apology is tendered before this Hon'ble Commission.
Based on the above facts report is being submitted before the Hon'ble Commission for kind consideration. It is humbly prayed before this Hon'ble Commission that Show Cause Notice issued against the CPIO, GNCTD 0/0 District Magistrate (South) for neither providing any reply qua the instant RTI application to the complainant nor accepting notice of the Commission nor participating in the instant hearing, may kindly be withdrawn. The undersigned has highest regard for Hon'ble Commission and can never think of such act of refusing Dak issued from Hon'ble Commission. Hon'ble Commission is assured that the orders/directions passed by this Hon'ble Commission shall be complied diligently and timely in future."
The Respondents further submitted that vide their letter dated 18.03.2024, they have provided point-wise reply/information to the Complainant.
The Complainant, during the hearing, raised her grievance related to false affidavit filed by her husband before the SDM at the time of registration of their marriage. Upon being queried by the Commission, the Complainant 6 submitted that she has taken certified copy of the application and other documents from the office of the Public Authority.
During the hearing, copy of written submissions of the Respondents are handed over to the Complainant. Further, the Respondent assured the Complainant that efforts will be made to redress her grievance.
Decision:
Perusal of the documents submitted by the Noticee- Dr. Mukesh Kumar, PIO and Dr. Pawan Kumar, PIO reveals that the queries of the Complainant had been duly replied by the Respondent, in terms of the provisions of the RTI Act and the Commission upholds the same. The Noticee explained that on the last date i.e. 13.02.2024, he was unable to attend the hearing because the notice of Hon'ble Commission was not received in the office of CPIO's O/o DM (South), as per Track Consignment No. ED594746755IN, it was never refused from the CPIO's O/o District Magistrate (South), as all the Speed Post/Consignment in respect of CPIO's O/o District Magistrate (South) are moved through the office "Mehrauli SO", which is not reflected in the track consignment detail. Further, SPIO has informed that due to the instant termination of duties of the dealing staff and shortage of staff and other administrative reasons the reply to the RTI has not been sent to the applicant in time bound manner. A fresh reply to the RTI has been sent to the applicant dated 18/03/2024. He submitted that the SPIO has been warned to be careful in the future while dealing with the RTI applications and bestow personal attention in the RTI matters.
In view of the above discussion, the Commission accepts the reply/explanation of the Noticees. However, the Commission directs the Respondent to be cautious in future and ensure his presence on future date of hearings to avoid attracting penal action.
Before parting with the case at hand, the Commission wishes to remark that such pertinent facts, as submitted during Show Cause proceedings by the Respondent, 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.
7Notwithstanding with the above order, the Complainant is advised to submit relevant documents along with her complaint to the SDM, Hauz Khas who in turn, as per assurance given during the hearing, is advised to look into the grievances of the Complainant and efforts should be made to redress her grievances in a timely manner.
The show cause notice is hereby dropped, and the matter stands disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date 8 Copy to:
The FAA District Magistrate, South District, Hauz Khas, New Delhi - 110016 SDM O/o The District Magistrate (South) PIO/Nodal Officer RTI Cell, GNCTD, District South Revenue Department, M.B. Road, Saket, New Delhi-110O68 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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