Central Information Commission
Mrnitin Goel Fwd Po Mumbai vs Ministry Of Law & Justice on 15 June, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2014/001773
(Video Conference - Mumbai)
Nitin Goel. Vs. Department of Legal Affairs
Important Dates and time taken:
RTI:21914/181113 FA:4122014 Hearing:08062015
Second appeal: 14112014 Disposed of with directions Decision: 15062015
Parties Present:
1. The appellant is not present for video conference at Mumbai. The Public Authority is
represented by Mr. Sunil Kumar Sah, SO.
FACTS:
2. Appellant through his RTI application had sought information regarding Mr Pravin G Sawant (Notary). He wanted extract of notary register for the period 20.06.2013 to 27.06.2013. PIO replied that the notary register is kept/maintained by the notary public himself and the department is not the custodian of the records. Being unsatisfied, CIC/SA/A/2014/001773 Page 1 appellant filed first appeal. Claiming nonfurnishing of information, appellant approached Commission.
DECISION:
2. The appellant is not present for video conference at Mumbai. The Public Authority made their submissions. The respondent officer submitted that the necessary extracts of notary register were supplied to the appellant.
3. The Commission finds that some of the complaints against some notaries are very serious like they are handinglove with land mafia and exorbitantly charging for attestation and operating through proxy, not personally verifying the genuineness of documents and statements they are attesting etc. Any delay in the disposal of the complaints might result in authentication of undeserving documents and statements by the Notaries which might lead to several scams and serious injustice to many persons.
4. The Commission finds that there is no mechanism in public authority to maintain a parallel register/record about certifications and attestations by notary public, because of which they have to depend totally on the register maintained by the notary only. The Commission directs the respondent authority to consider putting in place an alternative and report this Commission through its PIO, within a month from date of receipt of this order.
5. In view of this, the Commission directs the respondent authority to facilitate inspection of the notary register to the appellant and furnish copies required by him on payment of costs, within 15 days from the date of receipt of this order. The appeal is disposed of accordingly.
(M Sridhar Acharyulu) Information Commissioner Authenticated true copy CIC/SA/A/2014/001773 Page 2 (Babu Lal) Deputy Registrar Address of parties
1. The PIO under the RTI Act, Govt. of India Department of Legal Affairs, Notary Cell, RTI Shastri Bhavan, New Delhi110001
2. Shri Nitin Goel 143, Jolly Maker Chambers Two, 14th Floor Nariman Point, Mumbai400021 CIC/SA/A/2014/001773 Page 3