Central Information Commission
Mr. Ajit Kumar vs Govt. Of Nct Of Delhi on 22 April, 2009
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110 067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/000294/2857
Appeal No. CIC/SG/A/2009/000294
Relevant Facts emerging from the Appeal
Appellant : Mr. Ajit Kumar,
99, Satyaniketan (FF),
New Delhi-110021.
Respondent : ADM & PIO,
Govt. of NCT of Delhi, South West Zone, Office of the Dy. Commissioner, Old Terminal Tax Building, Kapashera, New Delhi-110037.
RTI application filed on : 26/08/2008 PIO replied : 20/9/2008 First appeal filed on : 10/10/2008 First Appellate Authority order : not replied Second Appeal filed on : 24/12/2009
The appellant had asked in RTI application regarding
1. Please inform on 18.08.2008 petition u/s 145, 147, 148 Cr PC was given at SDM office, Bijwassan vide Diary No. 4830/SDM/18.08.2008 and on 24.08.2008 when over telephone no. 25017834 the reader was contacted he told that so far the file has not arrived in his office and he remarked it was also not known to him how long will it take to come to his office, again when the applicant wanted to talk with the SDM and her phone No. was wanted he replied that the same no. 25017834 is the direct no. of SDM but SDM was not in the office and there was no certainly when she will return if within seven days the file could not arrive at SDM's Disposal from diary room, in the urgent case that needs speedy enquiry then how long the SDM has allowed for such file addressed to her to be given for the proceeding of a case u/s 145, 147, along with application u/s 148 CrPC?
2. Please inform the general procedure of disposal of urgent case and general case followed in this SDM Court.
3. Please inform the following points on SDM office, Bijwasan a. What are the powers and obligations have been assigned to the reader? b. How many officers sit in the court to assist the SDM and what are their rank and functions.
c. whether the statements are recorded as it is done in a criminal court or as it is done in a civil court.
d. Whether the statements are typed in computer or manual type machine or electronic type machine or by hand and if by hand then who writes. e. How is summon dispatched whether it is done by court ministerial groups or by the complainants on order of SDM and how many days time is given after the order.
f. In case local inspection urgently wanted then how does the SDM to whom order for the same and if photographs are to be taken, police is needed for discipline then what are the modus operandi to be followed. g. When a complainant gives complaint then how and within how many days he is informed the date of hearing and how the defendants are summoned for same who did this within how many days.
h. If a defendant does not come to the court what procedure is legally followed how many times he is normally pardoned for non appearance. i. If a complainant does not come to the court what procedure is legally followed, how many times he is normally pardoned for non appearance. j. How documents are given whether photocopy or original and how they are proved.
k. Can SDM summon any person to his court for deposition? l. In how many days a case normally for a complaint is decided by SDM. m. Which types of cases are given more importance? n. How are interlocutory applications are decided and which kinds of interlocutory applications are entertained. o. Has the SDM done LLB or LLM or has be taken any type of procedural training for deciding legal cases judiciously without given judgmental? p. Normally how many days the court records are kept without destruction and who orders its destruction.
q. Who orders without destruction? r. Within how many days enquiry team consisting of which officers go for
spot enquiry and appraise the factual situation as per allegation on the spot.
s. When and to whom the cast is charged on what basis and what mode of payment?
t. Under what circumstances the complaint is dismissed and within how many days condonation and restoration application is given. u. How can a party inspect the file of the court, what procedure is followed. v. Are citation of SC and HC decision taken in evidence? w. In how many days the accused persons are ordered to reply the complaint and deposit the W.S with the SDM.
x. In how many days the local enquiry is made u/s 148CrPC how is the urgency sensed and if the main evidence due to delay in enquiry are lost or manipulated or destroyed then how the veracity of the case is found and the irresponsibility of the enquiry officers causing the default is punished and the complainant is given true judgment.
y. Is there any replication system followed after W.S given by the accused persons.
z. If the complainant or accused persons could not arrive in a date of hearing what decision is normally taken by the SDM is the party present allowed cost and if allowed then in how many days/hearing cost is paid to the Party present by the defaulter party and how many times in such case the hearing is adjourned and after how many hearing the case is dismissed in default and file is sent to record room.
za. If a party gets dissatisfied with any order of the SDM then who is the appellate Authority to be applied against the impugned order and in how many days from the date of impugned order?
zb. What procedure is followed for the inspection of court file and how certified copies of documents in court file are allowed to the parties, please write the procedure.
zc. Who is the concerned officer to give al information about SDM court procedure and office procedure.
zd. Who is the order of SDM executed if the accused does not follow or honour it?
4. Please inform besides the power given by CrPC what other powers the SDM enjoy.
5. Please inform the powers given to an ADM.
6. Please write how many departments are there in this SDM office and who are working ad departmental heads also write the business to each department to work.
7. Please inform the power given to each BDO.
8. Please inform the movement procedure of a petition given u/s 145 or 147 CrPC, upto the final stage writing the average time consumption in each stage.
9. Please inform when the accused does not attend the court of SDM what action is taken and when the case is heard ex-parte.
10. Please inform what modus operandi the SDM has directed his subordinate to inform about the date of hearing of a case when complainants from distant place give complaint and are not informed of the date of hearing on the same date and the complainants are harassed by the unscrupulous or adamant officials without giving exact information or knowingly avoid the same and how has the SDM ordered for the best implementation of the RTI Act, 2005 for the convenience of the public getting speedy and accurate information.
11. Please inform cause lists are how and where kept for public use or for the use of the parties.
12. Please inform on which date the hearing of the complaint u/s 145/147/148 CrPC given vide dry No. 4830/SDM/18.08.2008.
13. Please name all the PIOs and first appellate authorities with their rank and phone number working in the SDM office.
14. Please give the mode of payment of any application or fee for supplying documents in connecting with RTI application.
The PIO replied.
Not replied.
The First Appellate Authority ordered.
Not replied.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ajit Kumar Respondent: Mr. Sushil Yadav APIO The appellant has received no information at all.
Some of the queries do not seek information as defined under the Act, whereas others do. The appellant states that the first appellate authority gave him dates on 8 different occasions. The appellant went for the appellate hearings eight times. The First appellate authority has behaved very callously and is responsible for causing harassment to the appellant.
The PIO states that he has sent a reply to the appellant on 20/9/2008 stating that the information was very voluminous. The appellant states he has not received it. The appellate authority's order does make a mention of the information having been provided. The PIO also states that he has sent the information in accordance with the order of the First appellate authority's order on 8/4/2009. The appellant says he has not received this either. The PIO is directed to send proof of having posted the information two times to the appellant. This proof will be sent to the appellant and the Commission before 30 April 2009.
Decision:
The appeal is allowed.
The PIO will send proof of having sent the information on two occasions to the appellant and the Commission before 30 April 2009. The information has been given to the appellant before the Commission.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 22 April 2009 (In any correspondence on this decision, mentioned the complete decision number.)