Central Information Commission
Mrbraham Pal vs Gnctd on 26 December, 2014
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/SA/A/2014/000843
Appellant : Sh. Braham Pal
Respondent : Sub Divisional Magistrate
Seema Puri, GNCTD
Date of hearing : 16122014
Date of decision : 26122014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 19(3) of the RTI Act
Result : Appeal allowed/Show Cause
The appellant is present. The Public Authority is represented Mr. Ved Prakash Meena,
Tehsildar, Seemapuri.
FACTS:
CIC/SA/A/2014/000843 Page 1
2. Appellant through his RTI application dated 23.01.2014 had sought informaiton on 4 points viz i) Whether their Mahasangh's letter dated 16.12.2013 regarding nonimplementation of Govt. of NCT Delhi's Cabinet decision dated 16.04.2013 for restoring the original position w.r.t nomenclature of castes was recieved in the office ii) Whether their Mahasangh's reminder dated 07.01.2013 to the above letter was recieved by the office through email iii) Whether appropriate action has been taken by respondent office in above noted letter dated 16.12.2013, if so, kindly intimate the action thereof,etc. PIO by his letter dated 10.02.2014 stated that points 13, do not pertain to his office and for Point No. 4 stated that there is no record pertaining to castewise certificate in his office. Subsequently, PIO (Seelamur) & PIO (Seemapuri) also replied. Being unsatisified with the information furnished, the appellant preferred First Appeal. FAA by his Order dated 02.05.2014 stated that as the appellant is not interested in pursuing the case and is satisfied with the given information and hence he disposed of the appeal, on the ground that the appellant was not present for the hearing. Claiming nonsatisfaction with the information furnished, the appellant has approached the Commission in Second Appeal.
DECISION
3. Both the parties made their submissions. The appellant is the Secretary General of the Akhil Bharatiya Chamar Maha Sangh. They represented to the Government of Delhi that the Delhi Govt's Cabinet Decision dated 642013 restoring the Scheduled Caste status to the 'Chamar' caste, should be implemented ex post facto from the date of its removal from the SC list and also the caste certificates issued during the interrugnum should be reviewed. There was no response from the respondent authority. The officer who came late for the hearing submitted that the chamar caste was included as per the Cabinet decision and certificates were being issued with effect from 122014.
CIC/SA/A/2014/000843 Page 2
4. The Commission directs the respondent authority who claim that it is being implemented, to furnish a detailed report from what date the said Cabinet Decision was given effect and how the same is being implemented. The PIO is directed to show cause why maximum penalty cannot be imposed against him for providing incomplete information to the appellant with regard to the implementation of the Cabinet Decision. The officer claims that he had furnished the information on 1352014 and has shown the relevant letter to the appellant. But the appellant claimed that he had not received the same and that too it does not contain the information he wanted, as the said letter states that the caste 'chamar' had been excluded from the SC list. In view of this the PIO, Mr. Rajesh Rana, SDM and the present officer Mr. Ved Prakash, Tehsildar who attended without authorisation, are directed to show cause why penalty cannot be imposed for deputing an officer who is below the rank of PIO and for misleading the Commission by showing a wrong document which does not indicate the implementation of the Cabinet decision. Their explanation should reach the Commission within 3 weeks from the date of receipt of this order.
5. The Commission observes the FAA has decided the case assuming himself that the appellant was not interested, as he was not present in the hearing. He would have applied his mind and perused the PIO's response. If the PIO's response was satisfactory tot he appellant, he would not filed the first appeal. Saying that the appellant was satisfied with the PIO response, indicates the nonresponsive and irresponsible attitude of a senior officer and it smacks of harrassment to the public. The Commission, therefore, recommends to the Public Authority to initiate disciplinary action against Shri Kuldeep Singh, ADM and the FAA at the time in passing such baseless and unreasonable order in the case without the application of mind. The Commissiin also summons Mr. Kuldeep Singh to attend the next hearing before the Commission and explain such illegal order. The Commisison also observes because of this kind of orders passed by the FAAs, the Commisison is flooded with CIC/SA/A/2014/000843 Page 3 second appeals from the appellants. The FAA should have understood the problem raised by the appellant which is nonimplementaion of Cabinet Decision and that an application was made by the Secretary General of Akhil Bharatiya Chamar Maha Sangh which pertains to a serious question whether they are SCs or not. Mr. Kuldeep Singh's one line order without giving any reasons is against the principles of natural justice and also smacks of undue arrogance of official authority. The objective and purpose of RTI is to question this kind of irresponsible and nonaccountable behaviour of officers.
6. The Commission, therefore, directs the respondent authority to inform the appellant within 15 days about the measures taken to implement the cabinet decision dated 1642013 along with copies of relevant letters. The Commisison further directs the Deputy Commissioner to instruct the PIO to provide necessary assistance to enable the PIO to collect the information pertaining to implementation of the Cabinet decision and provide the same to the appellant with a copy to the Commission. The Commisison also recommends Secretary(Revenue), GNCTD to look into this matter and take necessary steps to give information regarding the implementation of Cabinet decision and instruct the FAAs to understand the purpose of RTI Act and act accordingly.
7. The Commission orders accordingly.
(M. Sridhar Acharyulu)
Information Commissioner
Authenticated true copy
CIC/SA/A/2014/000843 Page 4
(Babu Lal)
Deputy Registrar
Address of the parties:
1. The CPIO under RTI, Government of NCT of Delhi
Sub Divisional Magistrate (Seemapuri) District: Shahdara DC Office Complex, Nand Nagri, Delhi
2. Shri Braham Pal Patron, ABCM, R/o C42, Amar Colony East Gokal Pur Delhi110094
3. Shri Kuldeep Singh Additional District Magistrate (Shahdara) & First Appellate Authority Under RTI, Government of NCT of Delhi Office of the Dy. Commissioner (Shahdara) LM Bandh, Shashtri Nagar, Delhi110031 CIC/SA/A/2014/000843 Page 5
4. The Deputy Commisssioner (Shahdara), Govt. of NCT of Delhi Office of the Dy. Commissioner (Shahdara) LM Bandh, Shashtri Nagar, Delhi110031
5. The Secretary to the Government of NCT of Delhi Revenue Department, Old Secretariat DELHI110054 CIC/SA/A/2014/000843 Page 6