Central Information Commission
Neha Jain vs Revenue Department on 28 February, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No.: CIC/REVDP/A/2023/610479
Neha Jain .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Department Revenue, HQ, 5,
Sham Nath Marg, Civil Lines,
Delhi - 110054 ....प्रनर्वािीगण /Respondent
Date of Hearing : 26-02-2024
Date of Decision : 28-02-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 02-11-2022
CPIO replied on : Not on record
First appeal filed on : 16-12-2022
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 24-02-2023
Information sought:
The Appellant filed an RTI application dated 02.11.2022 seeking the following information:Page 1 of 4
"1. Name of present SDM(HQ), Civil lines, Delhi who is entrusted with the responsibility of dealing e-stamp duty refund application and processing thereof along with his contact details and email id.
2. What is statutory/ legal timeline in processing e-stamp certificate refund application by Revenue Department, Delhi as mandated by any Act, Regulations, Rules, Notification, Circular etc. issued in this respect
3. How much time generally SDM(HQ), Civil lines, Delhi office take in processing e-stamp certificate refund application from the date of refund application?
4. How much e-stamp certificate refund application pending as on date in the office of SDM(HQ), Civil lines, Delhi and since when?
5. Provide the last 30 e-stamp certificate refund details processed by the office of SDM(HQ), Civil lines, Delhi along with refund date and date of corresponding refund application.
6. Name of the official who had disposed of complaint no. 2022125195 on Public Grievance Monitoring System portal on 01.11.2022 along with his contact details and email id.
7. Processing status of refund of e-stamp certificate no. IN- DL84037893607674U for which refund application was given on 07.04.2022 and estimated refund date."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 16.12.2022. 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: Not present.
Respondent: Represented by Shri Brijendra Kumar Shukla, ASO along with Shri Ajay, DEO present in person.Page 2 of 4
Respondent at the outset submitted that PIO is engaged to brief their counsel in one of the cases to be heard by Hon'ble High Court and therefore, he could not be able to appear before the Commission. He further submitted that issue pertaining to instant matter has already been resolved and reply was also provided to the Appellant vide letter dated 11.08.2023.
Decision:
The Commission, after adverting to the facts and circumstances of the case, and perusal of the records, finds no infirmity in the submission of the Respondent as the same was found to be in consonance with the provisions of RTI Act. Moreover, the Appellant did not turn up during the hearing to controvert the submissions of the Respondent. Hence, intervention of the Commission is not warranted in the matter.
Nonetheless, the Commission admonishes the conduct of the PIO Shri Pramod Kumar, Collector Stamp/ SDM- I, Hqr for not only remaining absent but also for not signing the authority letter as it is signed by someone else. Moreover, despite direction of the Commissioner to the representative of the PIO, he did not upload a copy of Hon'ble High Court's summons/notice for which the PIO sought exemption for his presence in the hearing of the Commission. Such casual conduct of the PIO and their representative shows utter disregard towards the cause of the Citizens of India and related proceedings of the Commission under the RTI Act.
In view of the above the Commission directs, PIO Shri Pramod Kumar, Collector Stamp/ SDM- I, Hqr, is show caused as to why penalty under Section 20 (1) of the RTI Act should not be imposed on him. The PIO is required to submit his written explanation both through post and via uploading on http://dsscic.nic.in/online-link-paper-compliance/add within four weeks Page 3 of 4 from the date of receiving this order. The First Appellant Authority to ensure compliance of the direction.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 28-02-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date Page 4 of 4