Amit Rohilla vs Revenue Department on 2 March, 2021

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Central Information Commission

Amit Rohilla vs Revenue Department on 2 March, 2021

Bench: Heeralal Samariya

                              के न्द्रीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ मागग, मुननरका
                         Baba Gangnath Marg, Munirka
                          नई निल्ली, New Delhi - 110067

 नितीय अपील सख्ं या / Second Appeal No.:    CIC/REVDP/A/2019/639476

 AMIT ROHILLA                                            .....अपीलकर्ता/Appellant

                                    VERSUS/बनतम
 PIO,
 Sub-Divisional Magistrate-(NG), Revenue
 Department (Government of NCT of Delhi),
 Najafgarh, South-West District, SDM Office
 Complex, Room No.-12, Tura Mandi, Najafgarh,
 New Delhi-110043.

                                                         ...प्रतर्वतदीगण/Respondent

Relevant facts emerging from appeal:

  RTI application filed on          :   06-02-2019
  CPIO replied on                   :   28-03-2019
  First appeal filed on             :   12-03-2019
  First Appellate Authority order   :   28-03-2019
  Second Appeal received at CIC     :   Nil
  Date of Hearing                   :   02-03-2021
  Date of Decision                  :   02-03-2021


                    lwpuk vk;qDr               :        Jh हीरालाल सामररया
       INFORMATION COMMISSIONER:                      Shri Heeralal Samariya

 Information sought

The Appellant sought following 08 points information:

1. Provide the copy of the letter sent by the office of SDM, Nazafgarh, Govt.

of NCT of Delhi, SDM office Complex, New Delhi vide letter No. SDM/NG/DC/2007/86/The/p dated 06-06-2017 under the signature of Mr. Surender Singh (Executive Magistrate, Palam) addressed to Sr. Admin Officer-I, M/o Defence, Department of DRDO, DIPAS, Delhi.

2. Provide the copy of the dispatch register of the SDM office, Nazafgarh from 01-06-2007 to 10-06-2007.

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3. Provide the information on number of SC, ST and OBC Certificates and the serial numbers issued by the SDM Office, Nazafgarh from 01-01-2000 to 30-06-2000 and from 01-06-2005 to 31-12-2005 etc. Having not received any response from the PIO, the Appellant filed a First Appeal dated 12-03-2019.

The information provided by the PIO, on the date of hearing before the FAA, vide letter dated 28.03.2019, is as under:

The FAA, vide order dated 28-03-2019, held as under:

Written submissions have been received from the Appellant and have been taken on record for perusal before the Commission.

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Written submissions have been received from the Office of SDM Najafgarh, vide letter dated 26.02.2021.

Grounds for Second Appeal:

The PIO has not provided correct information to the Appellant.

Relevant Facts emerging during Hearing:

The following were present: -

Appellant: present in person Respondent : Manoj Rawat, Rep. of PIO, Sub-Divisional Magistrate-(NG), Revenue Department (Government of NCT of Delhi), Najafgarh, present in person.

Appellant stated that he has received the relevant information after the blatant delay of almost two year. He further stated that he is satisfied with the information received, however, he requested the Commission to take penal action over the erring PIO for the delay.

Rep. of the PIO submitted that then PIO has been transferred and present PIO upon receipt of Commissions hearing notice provided relevant and available information.

Decision:

At the outset, the Commission is aghast by the fact that the third-party information was disclosed to the Appellant which is exempted from disclosure as per Section 8(1)(j) of the RTI Act, 2005. Commission expresses displeasure over such a conduct and counsels PIO to acquaint himself well with the provisions of RTI Act, 2005 so that such lapses do not recur in future.

Now, Commission takes into account the submission of the appellant and expresses serious displeasure over the conduct of then PIO in having not provided any reply to the instant RTI Application within stipulated time period. In view of that, then PIO is hereby directed to file a written explanation justifying the said conduct, failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated against him/her, if necessary. PIO is further directed to send copy of supporting documents on which he relies upon in his submission as well as copy of reply sent on the RTI Application, if any. In doing so, if any other persons are also responsible for the said conduct, the PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure Page 3 of 4 that written submissions of all such concerned persons are sent to the Commission. The said written submission of the PIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days from the date of receipt of this order.

The present PIO will ensure service of this order to then PIO.

Nevertheless, Commission, on the basis of proceedings during hearing, observes that appropriate reply has been provided to the Appellant. No further action is warranted.

The appeal is disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सच ू ना ु ) आयक्त Authenticated true copy (अभिप्रमाणित सत्यापित प्रतत) Ram Parkash Grover (रतम प्रकतश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Copy to be served through present PIO to:

Then PIO, Sub-Divisional Magistrate-(NG), Revenue Department (Government of NCT of Delhi), Najafgarh, South-West District, SDM Office Complex, Room No.-12, Tura Mandi, Najafgarh, New Delhi-110043.

--(For taking note of the adverse remarks of the Commission and complying with the directions)--

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