Central Information Commission
Vijay Kumar vs Ut Of Chandigarh on 17 April, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/UTOCH/A/2024/129405
Vijay Kumar ... अपीलकता/Appellant
VERSUS
बनाम
CPIO
Chandigarh Housing Board
UT of Chandigarh
... ितवादीगण/Respondent
Relevant dates emerging from the appeal:
RTI : 18.04.2024 FA : 27.05.2024 SA : 27.08.2024
CPIO : 21.05.2024 FAO : 27.06.2024 Hearing : 25.03.2026
Date of Decision: 16.04.2026
CORAM
Chief Information Commissioner: RAJ KUMAR GOYAL
ORDER
1. The Appellant filed an RTI application dated 18.04.2024, before the CPIO, Chandigarh Housing Board, seeking information as under:
"Ref: Your letter No. HB/Dy, EO-П/СНВ/2023/266 dt.03/10/2023. Please refer to your above mentioned letter, copy enclosed for your ready reference, towards reply to my RTI request dated 06/09/23.
As mentioned in point No.3, kindly provide the information related to D.U.No.3233, Sector 47-D, Chandigarh. I have already deposited the documents fee of Rs. 10/- vide your receipt No.097/28 dated 16/10/23 copy of original receipt is attached herewith.Page 1 of 11 Second Appeal No. CIC/UTOCH/A/2024/129405
Due to ill health the documents could not be collected by me. You are requested to kindly send the information through post to my address at your earliest."
2. The CPIO replied to the RTI Application vide letter dated 21.05.2024, as under:
"Please find enclosed the desired information under the RTI Act-2005 with regard to your D.U. No. 3233 Sector 47-D, Chandigarh."
3. Aggrieved with the CPIO's reply, the Appellant filed a First Appeal dated 27.05.2024, stating as under:
"With due respect I have to submit that I have submitted an application to CPIO Chandigarh Housing Board for getting information under RTI act 2005 on dated 04/09/2023,through speed post. I have got a reply issued by CPIO dated 03/10/2023, which was received by me on 06/10/2023.The CPIO did not provide the required information asked in the RTI application. The reply received is not as per RTI act 2005.copy of order dated 03/10/2023 is attached along with envelope as annex.A1 Claim in Appeal To modify the impugned order dated 21/05/24 by directing the CPIO to supply required information to the applicant/appeliant by the acceptance of this appeal.
Respectfully Showeth:
1. That on 04/09/2023 the applicant/appellant had moved an application to the CPIO, under RTI act. Seeking supply of information/documents in shape of reports along with photographs submitted by the inspecting team with regard to H.No.3233 GF and 3233/1, Sector 47-D, Chandigarh along with name of the team members and their designation visited against my complaint. The inspecting officer visited on 05/06/2023, against my letter dated 23/05/23.My RTI application dated 04/09/23 and my letter dated 22/05/23 and letter dated 19/02/2021 are attached herewith for your perusals.
2. That instead of supplying me the required information the CPIO had issued me impugned letter dated 03/10/23.The CPIO has wrongly alleged that the required Page 2 of 11 Second Appeal No. CIC/UTOCH/A/2024/129405 information sought by the applicant cannot be supplied under RTI act being third party information. Furthermore the CPIO vide his order 03/10/23 had mentioned with regard to point number 3, the information related to H No.3233 GF can only be supplied by depositing the Rs.2/- per page without mentioning the number of pages and total amount to be deposited, at the cash counter of CHB. Copy of letter dated 03/10/23 is attached as annex.1.
3. That the applicant has deposited Rs.10/- vide receipt No.097/28 on 16/10/2024, assuming sufficient amount, on the day of deposit the concerned official was not available.
4. The applicant is a senior citizen suffering from multiple illnesses and due to medical emergency created by the demolition of construction by the upper story flat owner, could not come personally to collect the documents and hence sent a speed post letter dated 18/04/24 addressed to CPIO cum enforcement officer along with original order and original payment receipt, requesting to send the information by post, but the information was not provided by the CPIO. Attached as Annex A2.
5. That on 13/05/2024 a reminder was again sent through speed post to supply the information as requested, with a copy to your goodself for necessary intervention in the matter. Attached annex.A3
6. The CPIO vide his order No. HB/Dy-EO-II/CHB/2024/98 dated 21/05/2024, which was received by me on 24/05/24 acknowledging my both letters has intentionally not sent the required information as passed in the order dated 03/10/2024 by the CPIO.
Instead a wrong information not related to RTI application has been annexed. The copy of order and information is annexed as A5 and A6.
Which has resulted into passing of wrong impugned order. Which is liable to be set aside by acceptance of this appeal.
That the CPIO had never complied the requirement of law as such adverse inference is required to be taken by this appellate authority assuming that such information is sent to owner of H No.3233 GF sector 47, Chandigarh with the result appellant/applicant is suffering from last 12 years.
Page 3 of 11 Second Appeal No. CIC/UTOCH/A/2024/1294057. That the appeal filed in present form is well maintainable.
It is therefore respectfully prayed that the appeal may please be accepted and allowed with cost. The record of this case be called and perused thoroughly.
The order/reply dated 21/05/24 may please be set aside /reversed by directing the CPIO to supply required information to the applicant/appellant without further delay by imposing requisite fine /late fee charges as per section 20 of the RTI, Act. For not providing the information, hiding and intentionally providing the wrong information from the date of application to date of supply."
4. The FAA vide order dated 27.06.2024 held as under:
"The RTI appeal No.89753/2024/1 dated 31.05.2024 diarized vide diary No.Secy./CHB/1574188 dated 31.05.2024 is decided on merits.
The appellant has sought the following information in the appeal:-
Kindly also provide me detail report submitted by inspecting officer along with photographs taken by him, deputed to inspect our house as well as H.No.3233/1 visited on dated 05.06.2023.
The appellant was given two hearings on 19.06.2024 and 27.06.2024 but nobody appeared before the Appellate Authority. The Enforcement Officer-cum-CPIO stated that he has already given the reply/information regarding the above point vide letter No.98 dated 21.05.2024. The undersigned agrees with the reply of CPIO.
Hence, with this order, the above appeal is disposed off."
5. Aggrieved with the non-receipt of the desired information, the Appellant approached the Commission with the instant Second Appeal on 27.08.2024.
Hearing Proceedings & Decision
6. The Appellant was present during the hearing through video conference. On behalf of the Respondent, none appeared.
Page 4 of 11 Second Appeal No. CIC/UTOCH/A/2024/1294057. The Appellant relied on the arguments contained in the written submissions dated 16.03.2026, inter alia stating as under:
"2. That CPIO has not provided the information for point No 1 & 2, intentionally and a manipulated reply is sent to pressurizing the complainant/appellant to withdraw his complaint with malafide intention, that date of hearing of both the cases is fixed as 11/09/23 and 17/10/2023, i.e. after my RTI application for seeking information on my complaints of dated 19/02/2021 and 22/05/2023. It is pertinent to mention that CPIO is also acting as Enforcement officer, who has to take action in the matter but avoiding as having hand in gloves with other party.
2. That on point no.3 the CPIO has not provided any information and with malafide intention mentioned that information sought is third party information cannot be provided. The CPIO has not provided the information intentionally the fact that the information sought pertains to my complaint only and inspection was carried out by their department JE in presence of appellant and photographs were also taken of the damaged flat on my complaint, does not involve any threat to nation and public interest.
3. That on point No.4, The CPIO acting also as Enforcement/action taking officer not provided the information intentionally with malafide, as the information relates to official working and not involve any personal information which he is bound by law to provide, hence not abided the law of land and attract disciplinary action.
4. That for point No.5 was also avoided intentionally as my complaints were n regular follow ups due to non-action taken by the enforcement officer intentionally and at few number of times their officers visited for inspection but no action is taken so far as all the letters were down marked to the enforcement officer who is also the CPIO.
5. That for point No.6 the information not provided mentioning being third party, the inspecting team visited for inspection on my complaint only and the information sought pertains to govt department official working and not for any personal information of third party which cannot be denied in the interest of justice and as per law.Page 5 of 11 Second Appeal No. CIC/UTOCH/A/2024/129405
It is, therefore, respectfully prayed that present appeal be accepted with cost. The concerned record be summoned from the concerned departments CPIO of the Chandigarh Housing Board Chandigarh, and the respondent be directed to supply the required information to the applicant/appellant, hence forth.
It is therefore respectfully submitted that order for penalty along with disciplinary action against the concerned be made for manipulating, intentionally hiding, denying and providing wrong information with malafide intention be passed. Also directing to provide the entire actual information as requested in RTI application dated 04/09/2023, in the interest of justice.
The appellant be provided suitable compensation for the mental agony suffered due to non-providing of information any other relief the commission may deemed fit be order accordingly. It is pertinent to mention here that the applicant is a senior citizen and physically disabled suffering from multiple ailments.
The impugned order dated 03/10/2023 may please be set aside /reversed by directing the respondent CPIO to supply required information to the applicant/appellant without further delay by imposing requisite fine /late fee charges, as per section 20 of The RTI Act for not providing the required information, hiding and intentionally not providing and by providing the wrong information from the date of application to date of supply. Any other relief, to which the appellant/applicant is found entitled, as per facts and circumstances of the case, may also be awarded in the interest of justice."
8. The Commission after adverting to the facts and circumstances of the case, observes at the outset that the RTI Application dated 18.04.2024 referred to in the notice of hearing dated 03.03.2026 was infact filed as a response to a CPIO's reply letter dated 03.10.2023 sent with respect to a RTI Application dated 06.09.2023. In the said reply of 03.10.2023, the CPIO had sought additional fee for photocopying of documents in respect of one of the RTI queries contained in the RTI Application dated 06.09.2023. While, the Appellant responded to the said letter of 03.10.2023 vide his letter dated 18.04.2024, under the subject head -'supply of information under RTI Act', which appears to have been Page 6 of 11 Second Appeal No. CIC/UTOCH/A/2024/129405 misconstrued as a fresh RTI Application at the time of registration of the instant case and the consequent issuance of the notice of hearing. For the sake of clarity, the contents of the RTI Application dated 06.09.2023 and the CPIO's reply of 03.10.2023 are reproduced hereunder:
(i) RTI Application dated 06.09.2023:
"1. I have sent my letter dated 22.05.23 addressed to Chief executive officer mentioning details of my problem faced with the result I am not in a position to live in safe and hygienic conditions as roofs and walls are seepages with sewerage water, including depression of building and till date I have not heard any reply norany action to remove the defects by the department. Copy of letter is enclosed.
2. Kindly provide me the details of action taken on my above application to save our lives from destruction and unhygienic conditions.
3.Kindly also provide me detail report submitted by inspecting officer along with photographs taken by him, deputed to inspect our house as well H No.3233/1, visited on dated 05.06.23.
4. Kindly provide me the action taken report on the show cause notice served for cancellation of the H No.3233/1 sector 47D Chandigarh vide CHB/EE/Enforcement/SDE- X/2017/75 dated.20.10.2017.Informed to me vide your letter dated 29.09.2022 as reply to my RTI dt. 02.09.2022.
5. Kindly also provide me the previous reports submitted by the inspecting officers of enforcement staff in this regards on my various request letters and action taken by the CHB.
6. Kindly provide the detail report along with photographs submitted by the inspection team visited in January 2022, to inspect the H No.3233/1, along with the names of the team members.
7. The Name designation of inspecting officer visited our house for inspection on 05.06.23.against my letter dated 22.05.2023."Page 7 of 11 Second Appeal No. CIC/UTOCH/A/2024/129405
(ii) The CPIO's reply dated 03.10.2023:
"Point No. 1 & 2. The action against the allottee/occupant of D.U. No. 3233/1 Sector 47-D Chandigarh is being taken and hearing before the competent authority iis under process. Moreover hearing of both the houses i.e. D.U. No 3233 G.F. Sector 47, Chandigarh & 3233/1 Sector 47-D, Chandigarh was held before the competent authority of CHB, Chandigarh on dated 11/9/23 and next date has been fixed for 17/10/23 at 10.00 A.M. for both the cases.
Point No.3:- The information sought with regard to D.U. No. 3233/1 Sector 47 Chandigarh cannot be supplied under the RTI Act-2005 being third party information. Further the information pertaining to your D.U. No. 3233 Sector 47.Chandigarh can be obtained by depositing Rs.2/- for 1 page @ Rs.2/- each is required to be deposited at the Reception Counter of the Board alongwith its original receipt.
Point No.4:- The information sought cannot be supplied under the RTI Act-2005 being third party information.
Point No.5. The information sought is not specific hence, cannot be supplied under the RTI Act-2005.
Point No. 6. The information sought cannot be supplied under the RTI Act-2005 being third party information.
Point No. 7. Sh. Shesh Ram J.T. being area incharge was on duty dated 5.6.23."
(iii) Upon the receipt of the letter dated 18.04.2024, the CPIO vide letter dated 21.05.2024 provided the information relating to D.U. No. 3233 Sector 47-D, Chandigarh of the Appellant.
9. Now, in pursuance of the said reply, the Appellant filed the First Appeal dated 27.05.2024, i.e in respect of the RTI Application dated 06.09.2023. At this stage, the Commission therefore considers the RTI Application dated 06.09.2023 and finds that the contentions of the Appellant were that the information eventually supplied by the CPIO in respect of point no.3 of the RTI application was incorrect and not relevant to his query and Page 8 of 11 Second Appeal No. CIC/UTOCH/A/2024/129405 that even the request for additional fee was made without specifying the details about the number of pages for which he is required to pay Rs 2/-. Further, the Appellant appears to be also dissatisfied with the part denial of the information related to the other property/House No. mentioned therein.
10. The Commission takes grave exception to the absence of the CPIO during the hearing, without any advance prayer for leave, and for disregarding the instructions given at para 3(a) and 4(b) of the notice of hearing dated 03.03.2026. In the absence of the Respondent to clarify their stance as well as in the absence of any written submission by the Respondent, the Commission is inclined to accept the contention of the Appellant and finds that the material on record does not suggest that the information specific to point no.3 of the RTI Application was provided by the CPIO. Moreover, the CPIO's original reply dated 03.10.2023 informed the Appellant that -'Further the information pertaining to your D.U. No. 3233 Sector 47.Chandigarh can be obtained by depositing Rs.2/- for 1 page @ Rs.2/- each is required to be deposited at the Reception Counter of the Board alongwith its original receipt.', while the mode of fee payment prescribed in RTI Rules, 2012 provides for more than one mode of fee payment. The Appellant was expected to personally visit the office to pay an undisclosed amount of fee and also expected to collect the information, as evinced from the grounds for First & Second Appeal, where he mentions that being a senior citizen facing health issues, he could not personally go for collecting the information and therefore had to write to the CPIO on 18.04.2024 and give subsequent reminder dated 13.05.2024 even though the fee payment was made by him on 16.10.2023 (receipt No.097/28) itself.
11. In view of the foregoing observations, the Commission directs the CPIO to revisit the information supplied in respect of point no.3 of the RTI Application and ensure that the document/record provided is relevant to the RTI query. A revised reply to this effect shall be sent to the Appellant along with the specific record, free of cost. Further, considering the reply dated 13.10.2023 provided in respect of point no.3 of the RTI Application to be in violation of Section 7(3) of the RTI Act, and the fact that eventually the record was supplied after an inordinate delay, the CPIO is directed to refund through Page 9 of 11 Second Appeal No. CIC/UTOCH/A/2024/129405 appropriate mode the amount paid by the Appellant on 16.10.2023 vide receipt No.097/28. The said directions viz. revised reply and refunding the additional fee, shall be complied with by the CPIO within three weeks of the receipt of this order under intimation to the Commission.
12. As regards the remaining points of the RTI Application, the reply provided by the CPIO is found to be appropriate, however, the points where the information is denied as being related to a third party's house/property, the exemption in terms of Section 8(1)(j) of the RTI Act ought to have been specified.
13. Furthermore, in view of the findings/observations recorded in para 10 & 11 above, the CPIO is directed to file a cogent written response/detailed rebuttal to explain why show cause proceedings should not be initiated in the matter for penal action in terms of Section 20 of the RTI Act for the prima-facie violation of the provisions of the RTI Act by causing undue inconvenience to the Appellant in the name of additional fee payment without complying with the stipulations contained in Section 7(3) of the RTI Act or having any regard to Rule 6 of RTI Rules, 2012. The said written response of the CPIO must reach the Commission within four weeks of the receipt of this order, failing which, the CPIO is liable for appropriate action, in terms of the provisions of the RTI Act.
14. The Appeal is disposed of accordingly.
A copy of the decision be provided free of cost to the parties.
Sd/-
(Raj Kumar Goyal) (राज कुमार गोयल) Chief Information Commissioner (मु सूचना आयु ) िदनां क/Date: 16.04.2026 Page 10 of 11 Second Appeal No. CIC/UTOCH/A/2024/129405 Authenticated true copy Bijendra Kumar (िबज कुमार) Dy. Registrar (उप पं जीयक) 011-26186535 Page 11 of 11 Second Appeal No. CIC/UTOCH/A/2024/129405 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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