Central Information Commission
Satya Pal Singh Nagar vs South Delhi Municipal Corporation Head ... on 13 September, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीय सू चना आयोग
Central Information Commission
बाबा गं गनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा /Second Appeal No.: CIC/SDMCC/A/2019/141069
+ CIC/SDMCQ/A/2019/146948
SATYA PAL SINGH NAGAR .....अपीलकता/Appellant
VERSUS/बनाम
1. PUBLIC INFORMATION OFFICER,
PIO/AC/DEMS (HQ), SOUTH DELHI
MUNICIPAL CORPORAITON,
DEPARTMENT OF ENVIRONMENT
MANAGEMENT SERVICE (HQ), ROOM
NO. 01, SDMC OFFICE COMPLEX,
DR. B R AMBEDKAR STADIUM, NEW
DELHI - 110002
2. PUBLIC INFORMATION OFFICER,
ACCOUNTS OFFICER (PENSION) &
PIO, SOUTH DELHI MUNICIPAL
CORPORATION, OFFICE OF THE DY.
CONTROLLER OF ACCOUNTS (FP),
PENSION CELL (HQ), E-1, 3RD
FLOOR, SDMC, CIVIC CENTRE,
MINTO ROAD, NEW DELHI - 110002
... ितवादीगण/Respondent
Relevant facts emerging from appeal:
RTI application filed on : 09.05.2019
CPIO replied on : 18.06.2019
First appeal filed on : 26.06.2019
First Appellate Authority order : Not on record
Second Appeal received at CIC : 23.08.2019
Date of Hearing : 13.09.2021
Date of Decision : 13.09.2021
Page 1 of 4
Note: The above referred appeal(s) are clubbed together as they are
identical in nature. Thus, for the sake of brevity Commission proposes to
adjudicate upon them together through the present order.
सूचनाआयु : ी हीरालाल साम रया
Information Commissioner: Shri Heeralal Samariya
Information sought:
The Appellant sought information as under:
Etc. PIO vide letter dated 18.06.2019 provided following reply:Page 2 of 4
Dissatisfied with the reply of the PIO, the Appellant filed a First Appeal dated 26.06.2019.
Written submission of PIO dated 28.07.2021 is taken on record:
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: present in person Respondent: Ms. Sangita Bisht, Assistant Accounts Officer & Rep. of PIO (Accounts Officer (Pension) Appellant stated that he is not satisfied with the reply of the PIO. He further stated that he had sought his service book in the instant RTI Application. He furthermore stated that he need the same in order to pursue his case regarding revision of his pension which is pending adjudication in the court of law.
Upon Commissions instance, Appellant stated that he retired in the year 2002.
Rep. of PIO (Accounts Officer (Pension) & PIO, South Delhi Municipal Corporation) submitted that relevant service book is not available in their record. She further stated that same must be available in the concerned department from where the appellant retired. She further stated that she would comply with the directions of the Commission, if any.Page 3 of 4
Decision:
Commission has gone through the case records and on the basis of proceedings during hearing directs the PIO (Accounts Officer (Pension) & PIO, South Delhi Municipal Corporation) to search the relevant records again and provide a revised reply to the appellant, free of cost, via speed/registered post.
Further, in case relevant information as sought in the instant RTI Application, pertains to some other Branch/Department, then PIO (Accounts Officer (Pension) & PIO, South Delhi Municipal Corporation) should procure and provide the same to the Appellant. In doing so, PIO (Accounts Officer (Pension) & PIO, South Delhi Municipal Corporation) must make sure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the appellant.
In case relevant information are still not traceable despite searching thoroughly, then PIO must file an appropriate affidavit stating that relevant service book as averred by appellant is not available in record despite searching thoroughly. The said affidavit shall be sent by the PIO (Accounts Officer (Pension) & PIO, South Delhi Municipal Corporation) to the Commission with its copy duly endorsed to the Appellant.
The said direction of the Commission must be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO.
Both the appeal(s) are disposed of accordingly.
Heeralal Samariya (हीरालालसाम रया) Information Commissioner(सू चनाआयु ) Authenticated true copy (अिभ मािणतस ािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4