Central Information Commission
Sudesh Kumar Jangra vs Revenue Department on 28 June, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीय सूचनाआयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नईिद ी, New Delhi - 110067
ि तीयअपील सं ा/ Second Appeal No.: CIC/REVDP/A/2019/644681
CIC/REVDP/C/2019/641853
Sudesh Kumar Jangra .....अपीलकता/ िशकायतकता
...Appellant/Complainant
VERSUS
1. Public Information Officer Under
RTI,
SDM (Punjabi Bagh), Revenue
Department, Main Rohtak Road,
Sultanpuri Mor, Near Petrol Pump,
Nangloi, New Delhi-110041.
2. Public Information Officer Under
RTI,
SDM (HQ), Revenue Department,
5, Shamnath Marg, Delhi-110054.
... ितवादीगण/Respondent
Relevant facts emerging from appeal:
CIC/REVDP/A/2019/644681 CIC/REVDP/C/2019/641853
RTI application filed : 24.03.2019 24.03.2019
on
CPIO replied on : 30.05.2019 30.05.2019
First appeal filed on : 27.04.2019 Not on record
First Appellate : 09.07.2019 Not on record
Authority order
Second Appeal : Not on record 27.04.2019
received at CIC
Date of Hearing : 15.06.2021 15.06.2021
Date of Decision : 15.06.2021 15.06.2021
सूचनाआयु : ी हीरालाल साम रया
Information Commissioner: Shri Heeralal Samariya
Note: The above referred appeal and complaint are clubbed together as
they are preferred by the same individual against different respondent
authorities. Since the issues involved in the present appeal and complaint
are similar in nature and relief provided by the Commission is also similar,
thus Commission proposes to adjudicate upon them together through the
present order.
CIC/REVDP/A/2019/644681
Information sought:
The Appellant sought information related to court case No. 94/SDM/PB/2018 State Vs. Satynarayan Mudgal & Ors which is pending in the court of SDM Punjabi Bagh, Delhi. the online portal of e-court website is not updated therefore the desire information is as under:-
1. How many court hearings are held till date and what is the next date of hearing of the above mentioned case.
2. Please provide the copy of orders passed on each date of hearing till date.
3. The notice dated 12.02.2019 vide no. SDM(PB)/CO/2019/1062 was issued by the SDM court in connection with above mentioned case. Please provide the copy of that notice.
4. Please provide the copy of all notices issued in the above case till date.
5. Please provide the copy of conditional order passed u/s 133 CrPC in the above mentioned case.
Etc. Having not received any response from the PIO, the Appellant filed a First Appeal dated 27.04.2019.
PIO furnished reply, vide letter dated 30.05.2019, as under:
The FAA, vide order dated 09.07.2019, held as under:
Written submission has been received from PIO, vide letter dated 10.06.2021, as under:
Grounds for Second Appeal:
The PIO has not provided information to the Appellant.
CIC/REVDP/C/2019/641853 Information sought:
The Complainant sought information related to court case No. 94/SDM/PB/2018 State Vs. Satyanarayan Mudgal & Ors. Which is pending in the Court of SDM, Punjabi Bagh, West Delhi, Delhi. the online portal of e-court website is not updated therefore the desired information is as under:
1. House many court hearing are held till date and what is the next date of hearing till the above mentioned case.
2. Please provide the copy of orders passed on each date of hearing till date.
3. The notie dated 12.02.2019 vide no. SDM(PB)/CO/2019/1062 was issued by the SDM court in connectin with above mentioned case. Please provide the copy of that notice.
4. Please provide the copy of all notices isssued in the above case till date.
5. Please provide the copy of conditional order passed u/s 133 CrPC in the above mentioned case.
6. Please provide the statement of all the persons in the above mentioned case, if recorded.
7. In the abvoe mentioned case the Gym running in the basement of Parshuram Dharamshala was sealed by the SDM on 12.02.2019. Please provide the order which was passed to de-seal and reopen the Gym.
PIO furnished reply, vide letter dated 30.05.2019, as under:
Grounds for Complaint:
The PIO has not provided correct information to the Complainant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant/Complainant: present on phone.
Respondent: Praveen Kadyan, PIO & SDM (Punjabi Bagh), Revenue Department Upon Commissions instance, PIO submitted a detailed written submission dated 10.06.2021 has been submitted for the perusal of the Commission.
Decision At the outset, the Commission expresses severe displeasure over the conduct of the then PIO(SDM (Punjabi Bagh) in not having provided any timely reply to the RTI Applications within the stipulated time frame of RTI Act in all the referred cases. Commission was unable to procure the name of the then PIO, therefore Commission directs then PIO through the present PIO to send his written submissions to justify as to why action should not be initiated against him/her under Section 20 of the RTI Act for the gross violation of its provisions. In doing so, if any other persons are also responsible for the omission, the then PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. The said written submission of then PIO(SDM (Punjabi Bagh) along with submissions of other concerned persons, if any, should reach the Commission within 30 days after when current situation normalizes and PIO rejoins the office.
The present PIO will ensure service of this order to then PIO.
Now Commission based on the perusal of case records as well as proceedings during hearing directs the PIO (SDM (Punjabi Bagh) in case no. CIC/REVDP/A/2019/644681 to provide an opportunity to the Appellant to inspect available and relevant information as sought in the instant RTI Applications of the referred cases, on a mutually decided date and time duly intimated to the Appellant telephonically and in writing at the respondent's office. In case, relevant information pertains to some other Branch/Department, then PIO should procure and provide relevant documents for the said inspection. Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of the prescribed fees as per RTI Rules, 2012. However, no information should be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005. In case, relevant record contains any third-party information or any other exempted information then same must be redacted or blacked out prior to the said inspection.
The said direction of the Commission must be complied within 30 days after the normalization of current situation and reopening of their office and accordingly compliance report to this effect be duly sent to the Commission by the PIO.
All the referred appeals and complaints are disposed of accordingly.
Heeralal Samariya (हीरालाल साम रया)
Information Commissioner (सूचना आयु )
Authenticated true copy
(अिभ मािणत स ािपत ित)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514
Copy to be served through present PIO to:
Then PIO,
SDM (Punjabi Bagh), Revenue Department,
Main Rohtak Road, Sultanpuri Mor,
Near Petrol Pump, Nangloi,
New Delhi-110041.
--(For taking note of the adverse remarks of the Commission and complying with the directions)--