Central Information Commission
Mrjagbir Singh vs Ministry Of Urban Development on 4 June, 2015
CENTRAL INFORMATION COMMISSION
Room No. - 308, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110066.
Website: cic.gov.in
File No. CIC/KY/A/2015/000159
Appellant : Shri Jagbir Singh
544 D.E. Housing Board Colony
Sec-6, Panipat, Haryana-132103
Public Authority : The CPIO
CPWD, Directorate General, EC-III Section,
Nirman Bhawan, New Delhi
Date of Hearing : 04.06.2015
Date of Decision : 04.06.2015
Presence:
Appellant : Shri Jagbir Singh
CPIO : Shri C Daulaguphu, Director & AA
FACTS:
I. Vide RTI application dated 05.11.2014, the appellant sought information on the 8 issues. II. CPIO, vide its response dated 12.12.2014, 18.12.2014 & 13.01.2015, has provided the information to the appellant.
III. The First Appeal (FA) was filed on 12.12.2014, 06.01.2015, as desired information not provided.
IV. First Appellate Authority (FAA), Order is not on record. V. Grounds for the Second Appeal filed on 28.01.2015, are contained in the Memorandum of Appeal.
HEARING Appellant as well as respondent appeared before the Commission personally and made the submissions at length.
DECISION
1. It would be seen here that the appellant, vide his RTI Application dated 05.11.2014, sought information from the respondents on eight issues. Respondents, vide their response dated 12.12.2014, allegedly not provided the required information to the appellant. Being aggrieved by the aforesaid response, FAs were filed by the appellant on 12.12.2014, 06.01.2015 before the FAA. Further, respondents vide their responses dated 18.12.2014 & 13.01.2015, transferred the Appellant's FAs to the Concerned FAA for taking necessary action. However, FAA could not take up the appellant's FAs for its disposal for the reasons best known to him. Hence, a Second Appeal before this Commission.
2. It is pertinent to mention here that the CPIO, vide his response dated 23.12.2014, provided the required information to the appellant against issue no. 1. However, against remaining issues, requested the appellant to have the inspection of the relevant records and pin point the required documents of which the photocopies are needed.
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3. It is worth to mention here that as per Section 2(j)(i) of the RTI Act 2005, the right of inspection of relevant record vested with the appellant and not with the respondents. As such, if the respondents have been insisting of any applicant to have the inspection of the relevant record that is not legally tenable. However, it is having a legal force in vice-versa situation.
4. The Commission heard the submissions made by appellant as well as respondents at length. The Commission also perused the case-file thoroughly; specifically, nature of issues raised by the appellant in his RTI application dated 05.11.2014, respondent's response dated 12.12.2014, 18.12.2014 & 13.01.2015, and also the grounds of memorandum of second appeal.
5. The Commission is of the considered view that the appellant has been deprived by the respondents deliberately from having the benefits of the RTI Act 2005, even after lapse of more than six months period. Thus, the respondents have defeated the very purpose of the RTI Act 2005 for which it was legislated by Parliament of India. As such, the Commission feels that it would be appropriate and even justified to allow the appellant's second appeal in toto, except issue no. 1, instead of remanding back to learned FAA for disposal of FA which is even more time consuming. Therefore, it is allowed in toto, except issue no. 1.
6. In view of the above, the respondents are hereby directed to provide the complete and categorical information, issue-wise, except issue no. 1, to the appellant as per his RTI application, in accordance with the provisions of RTI Act 2005, within 30 days from the date of receipt of this order under intimation to this Commission. If need be, Section 5(4) of the RTI Act 2005 be also invoked in the matter.
The Appeal is disposed of accordingly.
(M.A. Khan Yusufi) Information Commissioner Authenticated true copy (Vijay Bhalla) Deputy Registrar The CPIO CPWD, Directorate General, EC-III Section, Nirman Bhawan, New Delhi Shri Jagbir Singh 544 D.E. Housing Board Colony Sec-6, Panipat, Haryana-132103