Central Information Commission
Manjit Singh vs Office Of The Additional Distt. ... on 5 October, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi -110067
नितीय अपील संख्या / Second Appeal No.:
CIC/ADDDM/A/2019/123044
Manjit Singh .....अपीलकताग/Appellant
VERSUS
Public Information Officer Under RTI,
Land Acquisition Collector-(S/E)
(Government of NCT of Delhi),
South-East District, Old Gargi College Building,
Lajpat Nagar-IV, New Delhi-110024.
...प्रनतवािीगण/Respondent
Relevant facts emerging from Second Appeal:
RTI application filed on : 18.10.2018
CPIO replied on : 11.03.2019
First appeal filed on : 21.12.2018
First Appellate Authority order : 19.02.2019
Second Appeal received at CIC : 15.05.2019
Date of Interim Hearing : 04.10.2021
Date of Interim Decision : 04.10.2021
सूचना आयुक्त: श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Information sought: Page 1 of 6
The Appellant sought information as under:
Dissatisfied that no response received from the PIO, the Appellant filed a First Appeal dated 21.12.2018.
The FAA, vide order dated 19.02.2019, held as under:Page 2 of 6
In compliance with the orders of FAA, PIO furnished reply, vide letter dated 11.03.2019, as under:
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Represented by Mr. Bharvi Thakur, present on phone.
Respondent: Mr. Mithilesh Mishra, PIO, NTLA-SE-HQ, present on phone.
Reptt. Of Appellant requested the Commission to adjourn the instant matter for a further date of hearing so that proper representation could be made by the Appellant.Page 3 of 6
Interim Decision:
The current milieu of the pandemic COVID-19 has necessitated the Commission to take some extraordinary steps in the disposal of cases to avoid further backlog and delays subverting the very purpose of RTI Act which includes inter alia hearing cases through audio conferencing.
Commission has gone through the case records and, on the basis of proceedings during hearing, concedes with the request of the Appellant to adjourn the instant matter for further proceedings so that proper representation could be made by the Appellant to substantiate his submission in the instant matter.
The appeal is adjourned for further proceedings.
Page 4 of 6
Adjunct Proceedings
सूचना आयुक्त: श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Date of Final Hearing: 04.10.2021
Date of Final Decision: 04.10.2021
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Represented by Mr. Bharvi Thakur, Advocate Respondent: not present despite notice.
Rep. of Appellant submitted that they have not received any information from the PIO till date. Upon Commissions instance, Rep. of appellant affirmed that they have the relevant ownership documents in respect of which information was sought in the instant RTI Application.
Final Decision:
At the outset, Commission takes grave exception to the absence of PIO during hearing without intimating any reasons thereof. Accordingly, PIO is hereby directed to file a written explanation justifying the said conduct, failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated against him/her, if necessary.
PIO is directed to ensure that his written submission reaches the Commission within 30 days from the date of receipt of this order, failing which ex-parte action will be initiated against him/her.
Now, Commission has gone through the case records and on the basis of proceedings during hearing directs the PIO to provide an opportunity to the Appellant or any authorized representative to inspect available and relevant information as sought in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. In case, relevant information pertains to some other Branch/Department, then PIO should procure and provide relevant documents for inspection. Appellant must carry all the relevant documents pertaining to his ownership of property, as Page 5 of 6 referred in the matter, and produce the same prior to the said inspection. PIO must verify the said documents thoroughly and upon satisfaction of the same provide the said opportunity of inspection. Copy of documents, if desired by the Appellant upon inspection should be upon payment of the prescribed fees as per RTI Rules. However, no information should be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005.
The said direction should 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. No further action lies.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 6 of 6