Central Information Commission
Mr.S.P.Singh Shishodia vs Government Of Nct Of Delhi on 20 December, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003011/10495
Appeal No. CIC/SG/A/2010/003011
Relevant Facts emerging from the Appeal
Appellant : Mr. S.P.Singh Shishodia
140 Lawyers Chambers
Western Wing, Tis Hazari Courts,
Delhi.
Respondent : SDM (Kalkaji) & PIO
Govt. of NCT of Delhi 37, Tugalkabad Institutional Area, New Delhi.
RTI application filed on : 05/06/2010
PIO replied : 12/07/2010
First appeal filed on : 09/08/2010
First Appellate Authority order : 15/09/2010
Second Appeal received on : 25/10/2010
Sr. Information sought Reply of the PIO
1. The Name and designation of the official, who has issued the said Sh. Ashok Kumar, Patwari
Khatoni;
2. How much fee is deposited by the Khatoni seeker with the department; Pertains to Record Room
3. Under which Rule, the said Khatoni was provided to Shri Devi Ram; Pertains to LA Branch
4. Whether any person can obtain the revenue record pertaining to any land, -as above-
if yes, under which Rule?
5. What document is made on the basis of the Entry No.371 dated 31.6.1996 No documentary proof reg. entry in the Roznamcha & by whom? no. 371 for more detail contact record room.
6. The Name and designation of the official, who has made the entries in the -as above-
said Khatoni
7. The Name and designation of the officer, under whose directions the -as above-
entries are made in the said Khatoni;
8. The List of the Patwari Kanongo, Naib Tehsildar, Tehsildar and SDM, Pertains to SDM(HQ) who were discharging their duties and looking after and maintaining the revenue record of village Aali with effect from 31.6.1996 to till date;
9. Whether any construction is being raised or has already been raised on All the kh. nos. are entered in Khasra Nos.652/2(1- 12), 653(3-16), 940(3-13), 941 (4-4), 967(4-4), different records. 968(4-4), 969(4-4), 970(4-4) AND 971 (3-3), 972(2-7), 973(4-4). 974(4-
4), 979/1 (0-13) and 410/1/1(0-8) and lands comprised in joint khata khatauni NO.16/17 bearing khasra NO.871, 878, 879, 88&! 883, 884, 885, 888, 924, 92S, 926, 927, 928, 929, 930, 931, 931, 933, 935, 936, 937, 938, 977, 979/2, 978, 980, 981, 982, 983, 984, 985, 986, 987 and 989, Village Aali, Delhi;
10. If the answering to the query No.9 is yes, then provide the verification -as above-
report and disclosed on which Khasra Nos, the construction has been raised and/or being raised and by whom? .
First Appeal:
Unsatisfactory response received from the PIO. Order of the FAA:
"On perusal of the appeal flied by Sh.S.P.Singh Shishodia, it appears that the reply has been furnished by the SDM(KJ) well in time but the Appellant was not satisfied with the reply/information. In this situation SDM (KJ) is directed to re-examine the reply furnished by his office and provide the information directly to the Appellant within 10 days on receipt of this order under intimation to this office."
Ground of the Second Appeal:
Unsatisfactory response received from the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. S. P. Singh Shishodia;
Respondent : Absent;
The Appellant states that he has received no information on query-2, 3, 6, 7, 8, 9 & 10. There is no exemption that has been claimed by the PIO in this matter nor has any exemption being claimed by the PIO.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information based on the records on query-2, 3, 6, 7, 8, 9 & 10 to the Appellant before 15 January 2011. In case there are no records in any of these matters this should be clearly stated.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it appears that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1) before 15 January, 2011. He will also send the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant.
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 20 December 2010 (In any correspondence on this decision, mention the complete decision number).(AK)