Central Information Commission
Mr.Chanan Singh Sandhu vs Government Of Nct Of Delhi on 3 May, 2013
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2013/000702
Date of Hearing : May 3, 2013
Date of Decision : May 3, 2013
Parties:
Applicant
Shri Charan Singh Sandhu
R/o A1/250 DDA Flats
Lawrence Road
Keshav Puram
New Delhi 110 035
The Applicant was present during the hearing.
Respondents
Department of Revenue
O/o SDM/Model Town
District : North West
Old Middle School Building
Rampura
Delhi
Represented by : None
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2013/000702
ORDER
Background
1. The decision of the Commission in case No.CIC/AD/A/2012/000476 dt.27.4.12 is given below:
2. During the hearing, the Appellant stated that he has not so far received any information from the PIO following the direction of the Appellate Authority. Shri M.P. Kushwaha, Tehsildar--representing the Respondents--told the Commission that they received the order of the Appellate Authority only along with the Commission's hearing notice and have lodged the FIR for loss of file dealing with the Appellant's application as per the direction of the Appellate Authority. The Appellant, however, refuted the Respondent's statement and asserted that he himself had seen the above file several time in the office of the public authority.
3. Considering the conflict above, the matter is remitted back to the Appellate Authority with a direction that u/s18(2) of the RTI Act, he shall enquire into the statements of both the Appellant and the Respondents and submit a report to the Commission along with the action taken at his level on the basis of outcome of enquiry. He should also enquire into as to how his order did not reach its destination. This report is to be submitted by 30.05.2012.
4. Apart from the above, it is also noted that the Appellant, who is elderly person, here has suffered an unwarranted financial detriment on account of noncompliance of the order of the Appellate Authority by the PIO which, according to the Respondents, had not reached the PIO. This shows the systemic failure of the public authority which calls for award of suitable compensation to the Appellant.
5. In view of the above, it is directed that the public authority shall pay a sum of Rs. 3000/ only to the Appellant as compensation under Section 19(8) (b) of the RTIAct for the detriment he has suffered in the instant case. A compliance report in this regard is to be submitted by the Appellate Authority to the Commission by 30.05.2012. The AA may also consider issuing the OBC certificates to the children preferably within 15 days of the Appellant submitting another form duly filled in, especially since the parents of the children have already received their OBC certificates.
2. The Commission received a complaint dt.12.3.13 from the Appellant stating that despite furnishing all relevant documents, nothing has been done with regard to the issuance of OBC certificates.
Decision
3. During the hearing, the Complainant submitted that although he had received the compensation , the children's OBC certificates have not yet been issued.
4. The Commission after hearing the submissions made holds that complaint against the Respondents regarding noncompliance of the CIC order dt.27.4.12 is not tenable since the grievance redressal falls outside the ambit of the RTI Act and accordingly disposes off the complaint and directs that the case be closed, (Annapurna Dixit) Information Commissioner Authenticated true copy (G. Subramanian) Deputy Registrar Cc
1. Shri Charan Singh Sandhu R/o A1/250 DDA Flats Lawrence Road Keshav Puram New Delhi 110 035
2. The Public Information Officer Department of Revenue O/o SDM/Model Town District : North West Old Middle School Building Rampura Delhi
3. Officer in charge, NIC