Central Information Commission
Alka Gupta vs Delhi Development Authority on 27 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/DDATY/A/2023/120311
Alka Gupta .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Asst. Director (GH), Delhi Development
Authority, Vikas Sadan,
INA New Delhi-110023. ....प्रनर्वािीगण /Respondent
Date of Hearing : 21.08.2024
Date of Decision : 23.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12.12.2022
CPIO replied on : 15.12.2022
First appeal filed on : 13.03.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 08.05.2023
Information sought:
The Appellant filed an RTI application dated 12.12.2022 seeking the following information:Page 1 of 4
1. Please find enclosed the photocopy of the News Paper Advertisement issued by the DDA in Hindustan Times, New Delhi mentioning that "No dues Certificate to individual from CGHS/CHBS Will not be asked".
2. Please furnish me copies of the policy/Order/Other Basis which upon the said advertisement was Published by the DDA.
The CPIO furnished a reply to the Appellant on 15.12.2022 stating as under:
1. The requested information does not fall within my jurisdiction.
OR The following parts of the requested information do not fall within my jurisdiction.
2. The application/part of the application is, therefore being transferred to you under sub section (3) of section 6 of RTI Act, 2005 for further necessary action.
3. In case, it does not fall under your jurisdiction if may please be further transferred to the public Authority to which the subject matter is more closely connected, directly under intimation to the application.
Being dissatisfied, the appellant filed a First Appeal dated 13.03.2023. The FAA order is not on record .
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri Ghanshyam Das Gupta, representative of Appellant, attended the hearing.
Respondent: Smt. Kamini, PIO-cum-Assistant Director (Group Housing), attended the hearing in person.
The Appellant stated that he is not satisfied with reply provided by the Respondent qua the instant RTI Application. He apprised the bench of the fact that as per the averred advertisement of DDA, for conversion of the property from leasehold to freehold, it was clearly mentioned that No Dues Certificate to individual from CGHS/CHBS will not be asked. But when he applied for the conversion of the property, his application was rejected for want of No Dues Page 2 of 4 Certificate. He further informed the Respondent that he is ready to pay the ground rent for conversion of property, is required.
The Respondent submitted that vide letter dated 15.12.2022, she has transferred the RTI Application to Shri Rahul Rathi, PIO-cum-Assistant Director (Co-ordination), as it pertains to their office, but no reply was given by their office to the Appellant. She added that vide letter dated 19.08.2024, Shri Rahul Rathi, PIO-cum-Assistant Director (Co-ordination), has sent back the RTI Application to their office but their office is not the custodian of the records.
The Commission interjected and asked the Respondent that who looks after issue of process of conversion of property and issuance of No Dues Certificate, the Respondent informed the bench that Shri Shivam Aggarwal, PIO, looks after Group Housing but since the information sought in the RTI Application is a policy matter, the same pertains to co-ordination branch and therefore, she has written a letter dated 16.08.2024 to Shri Rahul Rathi, PIO-cum-Assistant Director (Co-ordination), to give information and to attend the instant proceedings. He has neither given information/response nor presented himself during the hearing.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, is irked to note that the PIO's onus of replying to the instant RTI Application is being passed on back and forth from one office to another. The Commission further notes that even after lapse of 2 years' time, the Respondent public authority is yet to ascertain as to who is the actual custodian of the information. The Commission treats this as a blatant error and wilful violation of the provisions of the RTI Act for which Shri Rahul Rathi, PIO-cum-Assistant Director (Co-ordination), is being called to show cause. The act of the Respondent shows that he does not have any respect towards the citizen's right under RTI Act as well as the Commission. In view of the above, inaction on the part of the erring official is prima facie apparent and therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice to Shri Rahul Rathi, PIO-cum-Assistant Director (Co-ordination), as to why maximum penalty should not be imposed under Section 20(1) and 20(2) of the RTI Act, for neither Page 3 of 4 providing any reply qua the instant RTI Application nor accepting notice sent by Smt. Kamini, PIO-cum-Assistant Director (Group Housing), vide letter dated 16.08.2024, nor participating in the instant hearing. The written explanation of the PIO should reach the Commission within four weeks from the date of receipt of this order.
In the meantime, the Commission directs Smt. Kamini, PIO-cum-Assistant Director (Group Housing), to provide the relevant information to the Appellant after obtaining the same from the concerned custodian under Section 5 (4) of the RTI Act, within four weeks from the date of receipt of this order. The FAA shall ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Deputy Director (GH), Delhi Development Authority, Vikas Sadan, INA New Delhi - 110023.Page 4 of 4
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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