Central Information Commission
Shyam Vir Singh vs Gnctd on 21 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/GNCTD/A/2024/108439
Shyam Vir Singh .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Office of the Dy. Conservator
of Forest (South), Near Dr.
Karni Singh Shooting Range,
Tughlakabad, New Delhi - 110044 .... ितवादीगण /Respondent
Date of Hearing : 28.07.2025
Date of Decision : 20.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 25.10.2023
CPIO replied on : 01.01.2023
First appeal filed on : 05.12.2023
First Appellate Authority's order : 03.01.2024
2nd Appeal/Complaint dated : 14.03.2024
Information sought:
1. The Appellant filed an RTI application dated 25.10.2023 (offline) seeking the following information:
"1. Is it a fact that Forest Deptt, Through notification NO F 10 (42)- 1/PA/DCF/93/2012-17(1) dated 24th May 1994, had defined the boundaries of southern "Ridge".Page 1 of 6
2. It is requested that an authenticated copy of the Map of Southern "Ridge as defined in the above notification or any other latest notification may be provided. The mode Through which copying charges can be paid may also be intimated.
3. The number of villages and their names provided, which are located within the boundaries of may also be southern "Ridge" as defined in The above notification.
4. Is it a fact that The honorable Delhi Hight High Count had ordered denotification of Kh nos 448-452 of village Neb Sarai from the purview of Notification No F.-1(29)) PA/DL-95 dated 02-04-1996, yet these kh no's have been shown as Forest land, encroach in the list submitted by the Deptt to Hon'able Delhi High Court in Contempt case (c) 1065/2016 of WP(C) 3034/2015. The details may he provided."
2. Having not received any response from the PIO, the appellant filed a First Appeal dated 05.12.2023. The FAA vide its order dated 03.01.2024, held as under:
"An RTI appeal (Offline) dairy No.11264/CCF(A) dated 06.12.2023 was filed by Sh. Shyam Vir Singh R/o 84-F, Lane C-6, Central Avenue, Sainik Farms, New Delhi-110080, under the RTI Act, 2005, against RTI application 25.10.2023. The matter has been perused by undersigned i.e. 1st Appellate Authority. Applicant has sought the documents and maps related to Southern Ridge.
The applicant has filed an appeal on the ground of non supply of information by the SPIO (South) within stipulated time period of 30 days, as per the RTI Act-2005.
In this context, the SPIO (South) is directed to provide the information to the applicant as per the RTI Act-2005 immediately free of the cost and he is also advised to give the information/reply promptly to the applicants within the stipulated time period, in future.
Accordingly, the appeal is hereby disposed off."
3. Subsequently, the PIO furnished a point-wise reply to the Appellant on 01.01.2024 stating as under:
"2&3 Copy of Map Enclosed.Page 2 of 6
4 Information not available."
4. Being aggrieved and dissatisfied, the Appellant again filed First Appeal on 16.01.2024. The FAA vide order dated 14.02.2024 held as under:
"...The undersigned has perused the reply letter dated 01.01.2024 and the SPIO (South) is directed to provide the information if the same is in his possession to the applicant as per the provisions of RTI 2005. He is also advised to give the information/reply promptly to the RTI applicants within the stipulated time period, in future."
5. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
6. A written submission dated 26.07.2025 filed by the SPIO, DCF (S) is taken on record. Contents of the same are reproduced below:
"REPLY on behalf of the PIO/Respondent is as below:-
"a. Is it a fact that Forest Deptt, Through notification NO F 10 (42)- 1/PA/DCF/93/2012-17(1) dated 24th May 1994, had defined the boundaries of southern "Ridge".
The copy of notification dated 24th May 1994 is annexed herewith as ANNEXURE 1. The reply given by the SPIO is annexed herewith as ANNEXURE 2.
b. It is requested that an authenticated copy of the Map of Southern "Ridge as defined in the above notification or any other latest notification may be provided. The mode Through which copying charges can be paid may also be intimated.
c. The number of villages and their names provided, which are located within the boundaries of may also be southern "Ridge" as defined in The above notification.
In response to queries at point (b) & (c) a consolidated map of Southern Ridge was provided by PIO, containing the list of the villages falling in Southern Ridge. The reply given by the SPIO is annexed herewith as ANNEXURE 2.
Page 3 of 64. Is it a fact that The honorable Delhi Hight High Count had ordered denotification of Kh nos 448-452 of village Neb Sarai from the purview of Notification No F.-1(29)) PA/DL-95 dated 02-04-1996, yet these kh no's have been shown as Forest land, encroach in the list submitted by the Deptt to Hon'able Delhi High Court in Contempt case (c) 1065/2016 of WP(C) 3034/2015. The details may he provided. In response to the queries at point (d) "information not available" was provided by PIO vide letter dated 01.01.2023. The reply given by the SPIO is annexed herewith as ANNEXURE 2.
In light of the submissions made above, it is requested that the appeal may kindly be quashed as all the information has already been provided to the applicant, if not the same is being provided herewith."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Shri Puneet Kumar Tiwari, Range Officer present in person.
7. Proof of having served a copy of the second appeal to respondents while filing the same in CIC on 05.03.2024 is available on record.
8. The Commission is in receipt of a letter dated 21.07.2025 from the Appellant wherein he expressed his inability to participate in the hearing owing to personal reasons. He prayed the Commission to either postpone the hearing or to decide the case on merits. Since a substantial time has already elapsed during pendency and listing of this matter, the Commission deems it fit to decide the instant Appeal on merits.
9. Upon a query from the Commission regarding status of reply given to the Appellant in compliance of FAA's order and the reason for absence of the PIO, his representative was not aware of the same and tendered his apology with the plea that he came to the CIC on the oral directions of higher ups. To a further query from the Commission regarding details of the concerned the then PIO and the present PIO, he avoided to give specific response.Page 4 of 6
Decision:
10. The Commission, after adverting to the facts and circumstances of the case, observes that that more than one and half year has elapsed from the date of RTI application, yet no final reply has been given to the Appellant even after direction of FAA vide order dated 14.02.2024. Further, the Respondent did not participate in the hearing and his representative did not file any authority letter to represent the case on behalf of PIO prior to the hearing and was not acquainted with the facts of the case, which is not appreciated. Post hearing, an authorization letter has been filed signed by someone as 'SPIO/Dy.
Conservator of Forest (South)'. It does not show signing person's name and phone number; and also, does not show identifying particular like official designation and the contact details of the person deputed; thus, leaving no option for the registry to contact him, if it wanted to.
11. The Commission expresses severe displeasure on the conduct of the concerned PIO for neither providing any reply nor participated in the hearing despite prior intimation. The act of the concerned PIO, tramples upon the citizen's right under the RTI Act as well as shows lack of respect towards the Commission which calls for show cause.
12. In view of the above, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice to concern the then PIO and the present PIO, Deputy Conservator of Forest (South), Tughlakabad, New Delhi. The PIOs shall explain in writing as to why action should not be initiated against them under Section 20(1) and 20(2) of the RTI Act for the foregoing reasons, written explanation of the PIOs should reach the Commission within four weeks from the date of receipt of this order.
13. Shri Puneet Kumar Tiwari, Range Officer to serve a copy of this order at the correspondence address of the then PIO and the present PIO for timely compliance of the above directions and upload a compliance report to this effect, immediately thereafter receipt of this order.
Page 5 of 614. Meanwhile, the Commission directs the Respondent (present PIO) to comply the directions of the FAA's order dated 20.12.2023 and provide point- wise updated reply to the Appellant as per the provisions of the RTI Act within four weeks of the date of receipt of this order.
15. The FAA shall ensure compliance with this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Department of Forests and Wildlife, A Block, 2nd Floor, Vikas Bhawan, I.P. Estate, New Delhi - 110002 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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