Central Information Commission
Bal Kishan vs Office Of The Additional Distt. ... on 16 October, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/ADDDM/A/2018/170948
CIC/ADDDM/A/2018/172302
Shri Bal Kishan ... अपीलकता/Appellant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
O/o the SDM(Saket)
Revenue Department
GNCTD, District-South
M.B. Road, Saket, New Delhi
PIO
O/o the SDM(Mehrauli)
Revenue Department,
GNCTD, Mehrauli, New Delhi-110030
Date of Hearing : 13.10.2020
Date of Decision : 16.10.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Case No. RTI dated CPIO reply First appeal FAO Second Appeal
/Complaint
170948 10.05.2018 - 21.06.2018 23.08.2018 04.12.2018
172302 10.05.2018 - 21.06.2018 23.08.2018 13.12.2018
Second Appeals has been filed by the same Appellant, the above mentioned cases
are clubbed together for hearing and disposal.
Information soughtand background of the case:
(1) CIC/ADDDM/A/2018/170948 The Appellant filed an RTI application dated 10.05.2018 seeking information on the following point:-
1. Certified copy of four affidavits and application with forged and fabricated partial signature of legal heirs of 75, Sainik Farm House Colony New Delhi on stamp papers bearing no. 39AA 160191 to 39AA 160194 in records of Tehsil, Mehrauli, New Delhi replaced and substituted with back page of aforesaid stamp papers with status forged and fabricated.Page 1 of 3
Having not received any information from PIO, the the Appellant filed a First Appeal dated 21.06.2018. The FAA vide order dated 23.08.2018 directed the SPIO/SDM(Mehrauli) to transfer the RTI application to SPIO/SDM(Saket) within 15 days. Further, he directed SPIO/SMD (Saket) to provide correct and complete information as available on record to the appellant within 10 days.
Feeling aggrieved over non compliance of the order of FAA, the Appellant approached the Commission with the instant Second Appeal.
(2) CIC/ADDDM/A/2018/172302 The Appellant filed an RTI application dated 10.05.2018 seeking certified copy of original and genuine affidavits and application with genuine signature of legal heirs on stamp paper bearing no. 39AA 934767 to 39AA 934771 on which mutation of 75, Sainik Farm House Colony, New Delhi was done by Tehsildar, Mehrauli.
Having not received any information from PIO, the the Appellant filed a First Appeal dated 21.06.2018. The FAA vide order dated 23.08.2018 directed the SPIO/SDM(Mehrauli) to transfer the RTI application to SPIO/SDM(Saket) within 15 days. Further, he directed SPIO/SMD (Saket) to provide correct and complete information as available on record to the appellant within 10 days.
Feeling aggrieved over non compliance of the order of FAA, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone. He requested the Commission to allow Shri Vivek Sheel, his son, to appear on his behalf and furnished the authorisation to the Commission through e-mail subsequent to the hearing. Shri Sheel referred to the RTI applications and wanted to obtain the certified copies of affidavits and applications of the legal heirs submitted at the time of mutation of the property mentioned in the RTI application which he claimed to have been fraudulently prepared by one Shri Yogesh Kumar in connivance with the Tehsildar Mehrauli. He claimed he was harassed and made to run from pillar to post in order to access the information and that subsequent to internal restructuring the records were transferred from Mehrauli Tehsil to Saket Tehsil which should be the custodian of information.
The Respondent is represented by Ms Nandini Maharaj, Tehsildar- Saket through audio conference. Several attempts made by the Commission to contact Shri Alok Kumar Mishra, Tehsildar Mehrauli on his phone were in vain as he did not respond to the queries raised by the Commission despite being connected. Miss Maharaj took the plea since she was deputed to the post of Tehsildar, Saket recently and in the absence of access to records during the hearing she was unable to update the Commission on the factual position in the matter. However, Page 2 of 3 she offered inspection of records to the Appellant on a mutually convenient date and time which the Appellant's representative denied desiring disclosure of information through post.
DECISION Keeping in view the facts of the case and the submissions made by both the parties and in the light of the observations made in the preceding paragraphs, the Commission remands both the matters to the FAA cum ADM (South) to ensure compliance of the order of her predecessor and pass a clear, cogent and reasoned order in the matter after granting a fair opportunity of hearing to the Appellant and the concerned PIO (s). The aforementioned direction should be complied with by 15.12.2020 under intimation to the Commission. A compliance report in this regard should be furnished to the Commission within a period of 7 days from the date of decision of the FAA.
With the aforementioned directions, the instant Second Appeals stand disposed off accordingly.
Y. K. Sinha ( वाई. के . िस हा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणतस यािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 3 of 3