Central Information Commission
Mr. Satyapal Tyagi vs Mcd, Gnct Delhi on 17 February, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/003663/17441
Appeal No. CIC/SG/A/2011/003663
Relevant Facts emerging from the Appeal
Appellant : Mr. Satya Pal Tyagi
Village Jharoda, Mazra Burari,
Delhi-84
Respondent : Mr. R. Prasad
Public Information Officer & SE Municipal Corporation Of Delhi Civil lines Zone, 16 Rajpur Road New Delhi RTI application filed on : 18/07/2011 PIO replied : 02/09/2011 First appeal filed on : 19/09/2011 First Appellate Authority order : 26/09/2011 Second Appeal received on : 20/12/2011 Sl. Information Sought Reply of the PIO
1. Provide with the copy of subsection of the Building rules This is a clarification and no information is according to which the proceeding of the demolition of land asked relating to record. for farming number 30/23/1
2. Provide with the photocopy of the order on which the above There is no such order available in the record demolition was done. of division civil lines department.
3. Provide with the letter which was written for police help in Photocopy is enclosed the above demolition.
4. Provide with the copy final decision given by Deputy There is no such decision available in the commissioner MCD. record of division civil lines department.
5. Provide with the copy of subsection of the Building rules This is an clarification and no information is according to which the proceeding of the demolition of the asked relating to record. illegal colony by MCD department.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO. Order of the First Appellate Authority (FAA):
FAA replied that "The appellant may inspect the available records in PlO's office on any working day during office hours with prior intimation to PlO's office within 10 days from the receipt of this order. PlO is directed to make the available records/documents for inspection of the appellant and provide photocopies of relevant records/documents if he so desire after the inspection of records under the provision of RTI Act-2005. The PlO is directed to give all possible assistance in inspection of records and procuring photocopies of records/documents as per provisions of RTI Act-2005.
The appellant may note that under the P71 Act-2005, a PlO is obliged to provide information which is held under the control of a public authority. He cannot provide something which is not available in a material form. The definition of the word information" under Section 2(fl is quite clear and it only means "information& which is available in a material form and is held by or exists under the control of a public authority. He has to refer to the records and provide information asked for by an appellant. He cannot answer any queries asked by the appellant Page 1 of 2 or something which is not available on records. He cannot provide information based on his memory or experience of working in the Department"
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO and unfair disposal of appeal by FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Satya Pal Tyagi;
Respondent: Mr. B. N. Goel, AE on behalf of Mr. R. Prasad, Public Information Officer & SE;
At query-4 the appellant has sought information about the status of his complaint file with the DC's office on 10/03/2011. The PIO is directed to provide the status of this complaint in the following format:
Date on which Name and designation of Action taken Date on which forwarded to Complaint The officer receiving it. Next officer/office. received *there will be as many rows as the number of officers who handled the complaint.
Attested photocopies of all letters and notings will be provided.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before 10 March 2012.
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 February 2012 (In any correspondence on this decision, mention the complete decision number.)(SH) Page 2 of 2