Central Information Commission
Vinod Kumar Sood vs Office Of The Additional Distt. ... on 28 November, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/SDMCE/A/2018/113940
CIC/ADDDM/A/2018/113939
Shri Vinod Kumar Sood ... अपीलकताग/Appellant
VERSUS
बनाम
PIO/Exe. Engineer (Bldg-I), Sdmc,
Lajpat Nagar, New Delhi
...प्रनतवादीगण /Respondents
PIO/Exe. Engineer (Bldg)/Hq,
Sdmc, Minto Road, New Delhi
PIO/Sdm(Hq)/Defence Colony,
Lajpat Nagar, New Delhi
PIO/Section Officer (Hq), Div.
Commissioner, 5, Sham Nath Marg, Delhi
PIO/SDM-I (Hq), Rev. Dept.,5, Sham Nath Marg,
Delhi
Through: Sh. Vinod Kumar Yadav - SDM(DC), Sh.
Nitin Tomar - ASO, Sh. Manoharlal, Sh. Vinod
Kumar on behalf of Sh. B S Yadav - PIO/EE(B-I),
Central Zone
Date of Hearing : 07.11.2019
Date of Decision : 27.11.2019
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. RTI Filed on CPIO reply First FAO
appeal
113940 22.10.2017 18.12.2017 16.01.2018 19.02.2018
113939 11.10.2017 28.11.2017 04.12.2017 12.02.2018
Page 1 of 4
Information soughtand background of the case:
CIC/SDMCE/A/2018/113940 Appellant filed RTI application dated 22.10.2017 sought copy of all documents pertaining to Building Department for property D-10 Kalindi Colony Ring Road, New Delhi-110065 including but not limited to File Notings, Internal Memos, Orders, Minutes of Meeting, Correspondence/s, Construction Plans, Site Visits, Maps, Reports, etc from 1st October 2009 till date.
PIO/Exe. Engineer (Bldg-I), Central Zone, vide letter dated 18.12.2017 forwarded the reply to the Appellant as provided by the concerned PIO that no such document is found on record in the office.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 16.01.2018. FAA vide order dated 19.02.2018 directed the PIO/EEB)-I, CNZ to transfer the RTI to Building (HQ)/SDMC.
Feeling aggrieved with non compliance of the FAA order, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Submission dated 21.10.2019 has been received from PIO/EE(B)/HQ-III, SDMC, Minto Road, New Delhi.
Both parties are present for hearing. Appellant is accompanied by his son and it is stated on behalf of the Appellant that same set of queries had earlier been sought by the appellant and in compliance of the orders of the erstwhile Information Commissioner, some documents had been provided by the respondent. The subsequent set of document/s for the same property from 01.10.2009 till date have been sought now by the appellant but denied by the Respondent stating that unless any specific document is mentioned or reference number is cited, the information cannot be provided.
Decision:
Upon perusal of the earlier set of documents, during the course of hearing, the Commission is of the considered opinion that denial of information for not mentioning reference number cannot be considered to be a good reason. The appellant may visit the respondent alongwith the set of documents for the period prior to 01.10.2009, as already available with him, which may provide the necessary details sought by the respondent to locate the necessary records. Inspection of complete available records to be provided by PIO/EE(B)/HQ-III, SDMC, Minto Road, New Delhi on mutually agreed date and time to the appellant. Upon identification of the documents, as sought by the appellant, photocopies of first 50 pages to be provided free of cost. A compliance report in this regard shall be submitted by PIO/EE(B)/HQ-III, SDMC before the Commission by 20.12.2019.Page 2 of 4
In the event that any specific information/document is not available, the PIO/EE(B)/HQ-III, SDMC shall submit a duly notarized affidavit on a non- judicial stamp paper deposing on oath that no such information exists.
Submission sent by the PIO/EE(B)/HQ-III reveals that copy of communication dated 21.10.2019 was forwarded to Sh. B S Yadav- the PIO/EE(B-I), Central Zone, for compliance. However, Sh. Yadav has neither appeared nor deputed a responsible officer to assist the Bench with any updates. The Commission takes an adverse note of absence of Sh. B S Yadav- the PIO/EE(B-I), Central Zone during hearing and cautions him to either remain present in person for any future hearing or at least depute an official who has complete knowledge about facts of the case.
CIC/ADDDM/A/2018/113939 Appellant filed RTI application dated 11.10.2017 seeking information on the following 3 points;
a) Provide details of the status of action taken on the representation dated 16.04.2017 which was submitted by Mr. Vinod Kumar Sood along with copy of all documents including but not limited to File Notings, Internal Memos, Order, Minutes of Meetings, Correspondence etc.
b) Whether any enquiry has been ordered on the basis of the representation dated 16.04.2017 submitted by Mr. Vinod Kumar Sood? If yes, provide the photocopy of the relevant documents which indicating when the enquiry was initiated, current status of the enquiry, copy of enquiry report, other documents that show action taken on the representation.
c) Provide details of the action which has been initiated on the basis of the enquiry conducted based on the representation dated 16.04.2017 which was submitted by Mr. Vinod Kumar Sharma.
PIO/Section Officer (RTI-HQ), Rev. Dept, vide letter dated 03.11.2017 transferred the application to SDM-I (HQ).
PIO/SDM-I (HQ), Rev. Dept, vide letter dated 08.11.2017 transferred the application to Rev. Dept., Dist. South-East.
PIO/SDM (Defence Colony), Dist. South-East, vide letter dated 28.11.2017 informed the Appellant that "as per the direction of the HQ a notice dated 27.10.2017 was issued to M/s Siomex Overseas Pvt. Ltd., M/s Concept Finance Pvt. Ltd. & M/s JBJ Agencies Pvt. Ltd. for submission of the relevant documents".
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 04.12.2017. FAA vide order dated 12.02.2018 directed the SDM (Defence Page 3 of 4 Colony) to provide the complete information to the Appellant along with supporting documents within 10 days of the receipt of the letter without fail.
Feeling aggrieved over non compliance of the FAA's order, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present during hearing and deliberations between parties during the hearing reveal that incomplete compliance of FAA's order is the cause of grievance of the Appellant. The SDM, Defence Colony - Sh. Vinod Kumar Yadav says that information sought by the appellant deals with stamp duty payable on shares and debentures which falls within the jurisdiction of the SDM, HQ-II. Representatives present from O/o SDM-II, HQ state that they had offered inspection of available records to the Appellant vide letter dated 11.04.2018, but he still seems dissatisfied.
Decision:
After hearing detailed submissions by parties, it is deemed fit that the appellant is allowed another opportunity to inspect the available records, as previously offered by the respondent vide reply dated 11.04.2018. The inspection shall be provided by Shri Arun Kumar Jha - PIO/Revenue, SDMC, Minto Road, New Delhi on a mutually convenient date and time. Upon identification of the documents, as sought by the appellant, photocopies of first 50 pages to be provided free of cost. A compliance report in this regard shall be submitted by the PIO/ PIO/Revenue, SDMC before the Commission by 20.12.2019.
The appeals are thus disposed off with the above directions. It is made clear that non-compliance of these directions shall attract appropriate penal action.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4