Central Information Commission
Sandeep Kumar Sharma vs Mcd on 19 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/MCDND/A/2023/121973
Sandeep Kumar Sharma .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
MCD, Assessment & Collection
Deptt. Shahdara North Zone,
Near Shyam Lal College, G.T.
Road Shahdara, Delhi - 110032 ....प्रनर्वािीगण /Respondent
Date of Hearing : 15.07.2024
Date of Decision : 18.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 13.08.2022
CPIO replied on : 28.10.2022
First appeal filed on : 08.11.2022
First Appellate Authority's order : 09.05.2023
2nd Appeal/Complaint dated : 12.05.2023
Information sought:
The Appellant filed an RTI application dated 13.08.2022 seeking the following information:Page 1 of 7
"I wish to inform you that my wife smt. Pooja sharma D/O Ashok sharma (ph.no.99xxxxxx21, 93xxxxxx57, 78xxxxxx23) filed false cases (DV CASE NO. 1667/2019 AND 125 CASE NO. 233/2022) on me and my family. At the time of argument in court MM. Vijay Shri Rathore, Karkardooma court she provide a renewed rent agreement (copy attached). Address of rented house A-335, Gali no. 15 & 16, Brijpuri, Delhi-110094 and owned by smt. Sushila Devi W/O Sh. M. S. Bhardwaj R/O C-7/43, Yamuna Vihar, Delhi-110053.
I filed a RTI (copy attached) dated 27/06/22 through post RTI no. 1580/2022 and I got a reply(copy attached) from PS DAYAL PUR dated 02/08/2022 INFORMATION WHICH IS TO BE SOUGHT IS AS FOLLOWS:-
1.How many commercial electric meter has been installed and in whose name these meters are registered till date, by the landlord in the above noted premises as the landlord used this property for revenue/commercial purpose.
2. How many water meter has been installed by the landlord in the above noted premises.
3. Landlord of the above noted premises is paying rent tax of the renter, from whom he is receiving rent? If yes then provide me detail information of each renters in this regard.
4 Provide me copy of rent receipts of renter against amount of rent received by the landlord/lady of the said premises/address.
5. Please supply me copy of all rent agreements of renter who are living at the above noted address.
6. Please provide me MCD tax receipt of the above noted building or premises.
7. Please provide me % of tax charge from the landlord by the department as land Lord earn money from the above property.
8. Please provide me the % or penalty amount charge from land Lord if he/she did not pay rent tax.
9. Please provide me details of other properties which is owned by landlord (if yes than provide me the address of other properties).Page 2 of 7
10. Please provide me the information about the total income received by the landlord from this property as the property used by tenant from last 14/15 years."
The CPIO furnished a reply to the Appellant on 28.10.2022 stating as under:
"Please refer to above RTI Application submitted by you seeking information under RTI Act, 2005 in respect of House/Property No. A-335, Gali No. 15 & 16, Brijpuri, Delhi - 110094. As per available record, only point no. 06 & 07 pertains with this office and the reply is as under :-
6. The above said information is related with third party information, which is exempted to be disclosed under section 8 (1)(j) of RTI Act 2005. On the other hand information is not related with any public interest.
7. The Tax payer/Owner has deposited property tax on the basis of Self Assessment Scheme under UAM 2004-05 by filing online Property Tax Return."
Being dissatisfied, the appellant filed a First Appeal dated 08.11.2022. The FAA vide its order dated 09.05.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri I.P. Rathi, PIO-cum-Assistant Assessor, Shri Rama Shanker, Assistant Assessor and Shri Raj Kumar, SSA, attended the hearing in person.
The Appellant did not participate in the hearing.
The Respondent submitted that they have received the RTI Application from headquarters on 27.09.2022 and since point No. 6 and 7 of the RTI Application pertains to their office, an adequate reply was furnished to the Appellant vide letter dated 28.10.2022.
The Commission interjected and asked the Respondent that no reply has been given by the PIO on remaining points of the RTI Application to which the Page 3 of 7 Respondent submitted that point No. 1 of the RTI Application pertains to BSES which is not Public Authority as defined in Section 2 (h) of the RTI Act and point No. 2 of the RTI Application pertains to Delhi Jal Board and further apprised the bench that they do not know whether the nodal PIO has transferred the remaining points of the RTI Application to the concerned PIO's or not.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observes that point No. 6 and 7 of the RTI Application pertains to answering Respondent and an adequate reply has been furnished to the Appellant vide letter dated 28.10.2022. The Commission further observes that the information sought by the Appellant in Point No. 3, 4, 5, 8 to 10 of the RTI Application contains personal information of third party which is exempted from disclosure under Section 8 (1) (j) of the RTI Act. The Respondent during the hearing has apprised the bench that point No. 1 of the RTI Application pertains to BSES which is not public authority as defined in Section 2 (h) of the RTI Act but point No. 2 of the RTI Application pertains to Delhi Jal Board and as per available records, point No. 2 of the RTI Application has not been transferred to the concerned PIO by the nodal PIO and therefore, the Commission deems it fit to direct the answering Respondent to obtain the relevant information on point No. 2 of the RTI Application from the concerned custodian by invoking Section 5 (4) of the RTI Act and provide the relevant information to the Appellant within two weeks of the date of receipt of this order.
The FAA to ensure compliance of this order.
During the hearing, the Commission transpired that the Nodal PIO has not transferred the remaining points other than point No. 6 and 7 of the RTI Application to the concerned PIO's, due to which they remain unanswered till date and accordingly the Commission admonishes the Nodal PIO for such a casual approach while dealing with the RTI matters and further cautions the present nodal PIO Shri Manish Kumar, Administrative officer, to avoid such errors in future.
A pertinent issue emanating from the instant case and similar cases dealt by this bench in the recent past is that while replying to the RTI applications and disposing First Appeals, the designated PIO's and FAA's of almost all Public Page 4 of 7 Authorities under GNCTD, are only scribbling their signatures and are not giving their names, official designations and their official telephone numbers and email ID's which is violation of instructions on the subject. In this regard, the Commission finds it pertinent to refer its own judgment dated 02.07.2012, passed in Second Appeal No. CIC/DS/A/2012/000971, wherein it has been held as under:
"9. CPIO is directed to provide full and complete information regarding expenditure incurred on all types of gifts including coats at the above-mentioned conference to the appellant within 2 weeks of receipt of the order. Furthermore, commission notes that while replying to the applicant vide letter dated 31 March 2011 the former CPIO has not given his name and has only scribbled his signature which is eligible and does not give out the identity of the CPIO.
10. CPIO is directed to ensure that his name is clearly written below the signature in future."
The Commission would also like to refer an Office Memorandum dated 06.10.2015, bearing Ref. No. 10/1/2013-IR, issued by the Department of Personnel and Training, Government of India, regarding format of giving information to the applicants under the RTI Act, wherein following observations have been made which are as under:
"It has been observed that different public authorities provide information to RTI applicants in different formats. Though there cannot be a standard format for providing information, the reply should however essentially contain the following information:
(i) RTI application number, date and date of its receipt in the public authority.
(ii) The name, designation, official telephone number and email ID of the CPIO.
(iii) In case the information requested for is denied, detailed reasons for denial quoting the relevant sections of the RTI Act should be clearly mentioned.
(iv) In case the information pertains to other public authority and the application is transferred under section 6(3) of the RTI Act, details of the public authority to whom the application is transferred should be given.
(v) In the concluding para of the reply, it should be clearly mentioned that the First Appeal, if any, against the reply of the CPIO may be made to the First Appellate Authority within 30 days of receipt of reply of CPIO.
(vi) The name, designation, address, official telephone number and e-mail ID of the First Appellate Authority should also be clearly mentioned."Page 5 of 7
Advisory under Section 25 (5) of the RTI Act In view of above, an advisory, is issued to Principal Secretary, Administrative Reforms Department, Government of NCT Delhi, to take note of the aberration of RTI Act being manifested in the Respondent public authority's office and issue a direction to their PIO's and FAA's to write their names, designations, official telephone numbers along with email id, while replying to the RTI Applications and First Appeal in future, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005. The Principal Secretary, Administrative Reforms Department, Government of NCT Delhi, is also directed to sensitize their officials regarding the provisions of RTI Act by way of training workshops etc. and putting in place a coherent system of checks and balances. In pursuance of the aforesaid advisory, the PIO is directed to place a copy of this order before their competent authority for taking appropriate action.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
1. Principal Secretary Administrative Reforms Department 7th Level, C-Wing, Delhi Secretariat IP. Estate, New Delhi-110002 (for implementation of the Advisory) Page 6 of 7
2. The FAA, Assessment & Collection Deptt.
Shahdara, MCD, North Zone, Near Shyam Lal College, G.T. Road Shahdara, Delhi - 110032 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)