Central Information Commission
Mr.Sudhir Singh Rana vs Government Of Nct Of Delhi on 12 October, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002283/9742
Appeal No. CIC/SG/A/2010/002283
Relevant Facts emerging from the Appeal
Appellant : Mr. Sudhir Rana
Yuva Chetna Samaj Sudhar Sangthan
Khera Kalan
Delhi -110082
Respondent : Dr. B. M. Mishra
Public Information Officer & SDM (Narela)
Govt. of NCT of Delhi
BDO Office Complex, Alipur Block, Alipur
Delhi - 110036
RTI application filed on : 08/03/2010
PIO replied : 12/05/2010
First appeal filed on : 07/06/2010
First Appellate Authority order : 22/06/2010
Second Appeal received on : 22/07/2010
Information soughtReply of PIO a. Status of Gram Sabha land on Khasra Nos. 50/16, 17, 18 & 25 in village 1. As per records their Khasra No. Khera Kalan/Khera Garhi, Delhi -110082 and encroachment thereon with 50/16,17,18 & 25 belongs to Gram particulars of encroachers. sabha.
b. Unauthorized encroachments on Gram sabha land other than in (i) above 2. Details are enclosed. village khera Kalan / Khera Garhi, Delhi with particulars of encroachers. c. Copy of complaint made,if any ,to the Department /BDO office regarding 3. enclosed unauthorized encroachment and details of action taken thereon. d. Copies of FIR, if any, lodged against the aforesaid encroachments .Also 4. enclosed intimate if FIR had been lodged against the encroachers individually or otherwise.
e. Status of land earmarked for Talab/Kabristan as per 1952-53 5. this information pertains to Co(N) consolidation and details alongwith documents of expenditure incurred on and I & FC Department (Constructing the construction of from with boundary wall for library done some time in agency) 1992-96. Also provide the copy compliant mode ,if any, prior to construction of said boundary wall.
f. Details of expenditure on construction of boundary wall (including wire 6. Pertains to I & FC Department fencing) over Gram Sabha land adjoining to village abadi in village Khera Kalan , alongwith documents indicating Khasara Nos etc and present status thereon g. Name(s) of SDM (Narela) , during whose tenure aforesaid boundary wall 7. Pertains to SDM Office including wire fencing was carried out h. First Appellant Authority. 8. DC (N/W) Kanjhawala Delhi Grounds for the First Appeal:
Incomplete information provided by the PIO and no information given regarding transfer of application.
Order of the First Appellate Authority (FAA):
Appeal was rejected citing the reasons that the appeal being barred on time.
Grounds for the Second Appeal:
Appeal rejected on wrong grounds.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Sudhir Rana;
Respondent: Mr. Ashok Kumar, Naib Tehsildar on behalf of Dr. B. M. Mishra, PIO & SDM;
The FAA Mr. G. S. Meena, Dy. Commissioner (NW) has rejected the first appeal of the appellant on the ground that it is time barred. The PIO had sent the information on 12/05/2010 and the appellant had filed the first appeal on 09/06/2010. The time limit for filing the first appeal is 30 days after the information is received as per Section 19(1) of the RTI Act and the first appeal had certainly been filed within time. The FAA has erred in stating that the appeal was time barred.
The PIO states that information regarding query-(g) is available with Tis Hazari record room and information regarding query (e) & (f) is available with Irrigation and Floor Control Department. The PIO is directed to transfer the RTI application to the respective PIOs before 15 October 2010.
Decision:
The Appeal is allowed.
The PIO is directed to transfer the RTI application alongwith a copy of this order before 15 October 2010 as directed above.
The PIOs of Tis Hazari Record Room and Irrigation and Flood Control Department are directed to give the information free of cost as per the RTI Act to the appellant within 30 days of receipt of the RTI application.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 03 December 2010 at 12.00pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also submit proof of having given the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed to inform such persons of the show cause hearing and direct them to appear before the Commission with him.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 12 October 2010 (In any correspondence on this decision, mention the complete decision number.)(AM) CC:
To, The PIOs of Tis Hazari Record Room and Irrigation and Flood Control Department through Dr. B. M. Mishra, PIO & SDM;