Central Information Commission
Mr. Pawan Kumar Chadha vs Adm (Hq) Revenue Department, Govt. Of ... on 17 August, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/001583/4453
Appeal No. CIC/SG/A/2009/001583
Appellant : Mr. Pawan Kumar Chadha
5640, Qutab Road,
New Delhi -110055.
Respondent : Public Information Officer
ADM (HQ) Revenue Department,
Govt. of NCT of Delhi 5,
Shamnath Marg, Delhi -110054.
RTI application filed on : 15/04/2009/
PIO replied : 08/05/2009
First Appeal filed on : 18/05/2009
First Appellate Authority order : Not mentioned
Second Appeal Received on : 29/06/2009
Information sought:
S.No Information Sought PIO's Reply
1. Person and Purpose of The register is very old and
Issuance of Stamp Paper not traceable in record
No: 25415 dtd 11/08/1990 room. Hence this office is
for Rs 5=00 only. unable to supply the
required information.
Grounds for First Appeal:
No evidence had been provided by the ASM/PIO regarding weeding out of the required records.
Order of the First Appellate Authority:
Not mentioned.
Grounds for Second Appeal:
Reply was irrelevant and highly unsatisfactory. Personal hearing was scheduled but FAA remained not present for the hearing. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Pawan Kumar Chaddha Respondent: Mr. Rajiv Kumar, SDM (HQ), GNCTD The Respondent states that the records of the public authority are fairly disorganized and though the weeding out rules require certain records to be destroyed after 12 years there is no evidence that the weeding out rules are being followed. The Respondent states that the public authority had weeded out records in 2002. This seems to indicate that the public authority perhaps considers weeding out records as a once in a decade activity. Since the register is not locatable, the PIO is directed to file a police complaint for the theft/loss of the said register. He will also obtain a certificate from the Divisional Commissioner certifying the theft/loss of the said register.
Decision:
The appeal is allowed.
The PIO is directed to file a police complaint for the theft/loss of the said register. He will also obtain a certificate from the Divisional Commissioner certifying the theft/loss of the said register. This will be sent to the Appellant and the Commission before 5 September 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 17 August 2009 (In any correspondence on this decision, mention the complete decision number.)Rnj