Central Information Commission
Viney Wason vs Office Of The Additional Distt. ... on 5 December, 2023
Author: Uday Mahurkar
Bench: Uday Mahurkar
a
Central Information Commission
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Baba Gangnath Marg, Munirka
;r$Ed, New Delhi - 110067
frffieiqr / Second Appeal No.- CICIADDDWN202I/124460-UM
Mr. Viney Wason
....eqffi/Appellant
\/ERSUS
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CPIO,
The PIO/Sub-Registrar-II (B)
O/o Sub-Registrar-Il
Centre Janakpuri District
'
New Delhi - 1 10058
. . ..sfrrsrfr,ror /Respondent
Date of Hearing 13.07.2A2 128.07.2022
Date of Decision 22.U.2A2 129.07.2022
Date of RTI application 15.o9.2020
CPIO's response 13.10.2020
Date of the First Appeal 1s.10.2020
First Appellate Authority's response Not on Record
Date of diarized receipt of Appeal by the Commission 28.06.2021
ORDER
FACTS The Appellant vide his RTI application sought information on 08 points, as rmder:
o Our documents wefs 5t$mittEd to the Sub Registra?
{g) orr 2lflrffi66gumented by sh-
Gola assot'lales who is $ttlng h th€ building of Sub Rp8htrar {tU who has an exfrience of submltting severat dDcu.neflts of aegistration partithning to the many Registrar$. he fired hal the doormeots for each floor namely Bas€ment, Firsr Flosr, Second floor and lhird Ftoor lrlhich arEounted a total of Rs !l4S0O eadt , f BE dutT was stErt, wty rEt the Sub neg:trar [[] icrfErmed us about the safle rhe next day to add duty for thE requifEd docur$efir, instead {re havE met several t}m€a without any lofotmation ebo4jt the 53me, GIr orignet papefs were sent to the SDtvt/Collector Of Stimps ' etc. The cPIo vide lstter dated 13.10.2020 fumished a reply to the Appellant. Dissatisfied with the reply received from the PIo, the Appellant filed a First Appeal. The order ofthe FAA, if any, is not on the record ofthe commission. Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Mr. VineyWasan present in the hearing, Respondent: Mr. Virender Kumar, Sr. Assistant, present in the hearing.
The Appellant while reiterating the contents of the RTI Application stated that he had sought information regarding penalty charges imposed by the sDM etc. He further stated that the reply which had been furnished is not in accordance with the information sought in the RTI application. He alleged that the SDM has slapped a wrong penalty on him because he had paid less stamp duty at the time of execution of partition deed. He said instead of making him aware about the correct duty to be paid he directly imposed heavy penaity on him due to which he has suffered loss of Rs 51,0001. He further said due to non execution of the registration of the said property he has suffered financial as well as other losses. He said the cplo is making mockery of the provisions of RTI act 2005 and indulging in only a formality and giving misinformation. Herequested the Commission to direct the public authority to fumish satisfactory information.
The Respondent submitted that vide letter dated 13.10.2020, they had fumished a reply as per record available in their office. He said the Partition Deed had been presented on 2l.ol.2o2o duly executed by Mr. Vijay Wason and his brother Mr. VineyWason in respect of property no. B-11570, Ground Floor, Janakpuri, New Delhi. He further said during the course of scrutiny of the said ddcuments it came to notice of the Respondent Aurhority that rhe duty paid by the parties was short and the same was officially sent to cos/sDM (Dwarka), sub District- Dwarka, Delhi on dated' 2710112020 for further action. Thereafter, coSiSDM (Dwarka) was ordered vide letter dated 20102/2022 that applicant is hereby directed to pay the deficient stamp duty of Rs. 12,923 along with penalty of Rs. 12,923 (total Rs. 25,846) is to be recovered from the applicant. Hence, no further information remained to be provided to the Appellant, he said. a When queried, he submitted that the RTI application pertains to SDM, Dwarka, New Delhi and the same was duly forwarded to them along with the Hearing Notice of the Commission.
The Commission was in receipt of a written submission by the Respondent dated 06.07.2022 which is taken on record.
INTERIM DECISION:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission notes that the RTI application was duly forwarded to the PIO of Sub-Registrar-ll (B) O/o Sub-Registrar-Il (B) Janakpuri District Centre along with the Hearing Notice of the Commission, Hence, all information pertains to SDM, Dwarka. The Commission further observes that no reply was furnished to the appellant by the SDM, Dwarka and the representative from SDM, Dwarka was not present, and so the reasons for the same could not be ascertained. ln view of the above, the Commission issues a Show Cause Notice to the CPIO, SDM, Dwarka Delhi seeking his explanation as to why action under Section 20(l) of the RTI Act as well as disciplinary proceedings under Section 20(2) of the RTI Act should not be initiated against him for not fumishing the information to the appellant despite receiving Hearing notice through Sub Registrar, Janakpuri. Therefore, the Commission takes a serious view of the absence of tle CPIO, SDM Dwarka, Delhi despite notice and directs him to submit a written statement before the Commission, explaining to show cause of his absence, along with the comments of the First Appellate Authority, before 28.07.2022, both by post and by uploading on http://dsscic.nic.in/online-link-papeLlelqpliance/'a&!. The above directions shall be complied with, within a period of five weeks from the date of receipt of a copy of this order. The matter would next be taken up for hearing on 28.07.2022 at 02.00 PM.
Hearine Ou 28.07.2022 Appellant: Mr. VineyWasan present in the hearing, Respondent: Mr. Virender Kumar, Sr. Assistant, present in the hearing.
The Appellant while reiterating the contents of the RTI Application stated that no information has been provided till date by the respondent authority. He said the CPIO is making mockery of the provisions of RTI act 2005 and indulging in only a formality and giving misinfqrmation. He requested the Commission to direct the public authority to refund the loss of Rs 5 1,000/- he had a suffered. The Respondent submitted that the RTI application perlains to SDM, Dwarka, New Delhi.
INTERIM DECISION:
Keeping in view the facts of the case and the submissions made by both the parties, the commission observes that a Show cause Notice was issued to the cPIo, SDM, Dwarka Delhi seeking his explanation as to why action should not be taken against him under section 20 (l) of the RTI Act by recommending initiation of disciplinary proceedings under section 20 of the RTI Act against him for not fumishing the information to the Appellant and not appearing before the commission despite receiving the notice of Hearing from the Sub Registrar, Janakpuri. The Commission takes a serious view of the absence of the CPIO, SDM, Dwarka, for hearing and for not submitting his written submission to the commission. However, the commission gives him one last opportunity to submit his written statement before the commission, explaining the reasons for his absence, along with the comments of the ADM, before 17,08.2022, both by post and uploading the same on Commission website i.e http://dsscic.nic.inlonlineJink-papq:
compliancdadd. The above directions shall be complied with, within a period of two weeks from the date of receipt of a copy of this order. Now the matter will be taken up for hearinq on 17.08.2022 at 02.00 PM.
Ilearinq On 17.08.2022 Appellant: Mr. VineyWasan present in the hearing, Respondent: Mr. Virender Kumar, Sr. Assistant, present in the hearing.
The Appellant while reiterating the contents of the RTI Application stated that no irformation has been provided till date by the respondent authority even after show cause notice to cplo, SDM, Dwarka Delhi. He requested the Commission to direct the public authority to refund the loss ofRs 51,000/- he had a suffered. The Respondent submitted that the RTI application pertains to SDM, Dwarka, New Delhi.
The Commission was in receipt of a written submission by the Respondent i.e Mr. p.R Gupta, SDM, Dwarka dated 17.08.2022 wlttch is taken on record. Wherein is as under:
"A partition Deed was presented on 21.01.2020 duly executed by Sh. Vijay I ason and Sh. Viney LVason subsequently allotted computer No. 1402 dated 21.01.2020 in respect ofproperty No. B 1/570, Ground Floor, Janalquri, New Delhi during the course of scrutiny of the said documents it came to notice that the duty paid by the parties was short and the same was impound and SR II(B)/JP/Iwp/2020/99 dated 21/01/2020 thereafter COS/SDM (Dwarka) o ordered vide No. COS/DW2020/11753 dated 20/02/2022 that "applicant is hereby directed to pay the deficiency stamp duty of Rs. 12,923 along with penalty ofRs. 12,923 (total Rs. 25,846) is to be recovered from the applicant.
The order passed by the then COS/SDM (Dwarka) is self explanatory and as per provisions of the Indian Stamp Act, 1899 and in case the applicant had any grievance with regard to the orders of the COS, he had the remedy available under the said Act, to fite appeal before the DM (West) being the COS, for revision of the order of SDM (Dwarka). But he did not exhaust the available remedies under the Act. "
DECISION:
The Commission after adverting to the facts and circumstances of the case, heard both the parties and after perusal of records, observed that information sought by the Appellant pertains to the SDM Dwarka, Delhi, but till date no information has been fumished by the SDM Dwarka, Delhi. The Commission further observes that a Show Cause Notice was issued to the CPIO, SDM, Dwarka Delhi, on28.07 .2022. Moreover, Commission's Show Cause dated 28.O7.2022 was duly received in the SDM Dwarka offrce on 05.08.2O22 but he had failed to appear before the Commission in the hearing despite receiving the Show Cause hearing notice from the Sub Registrar, Janalipuri.
Furthermore, the Commission notes that the matter was listed two times and the CPIO/SDM, Dwarka remained absent without giving any prior intimation to the Commission which in tum notes that the scheduling of matters multiple times exhausts public resources and wastes the time of the Commission. This behavior ofthe CPIO shows that he has scant respect for the RTI Act as well as for the Commission. The Commission observes that the non-compliance of its order dated 28.07.2022 has caused obstruction in administration of justice and notes that Shri R.P Gupta, SDM, Dwarka Delhi, is responsible for obstructing the administration ofjustice and also withholding the information with malafide Intention. The commission has no option but to impose penalty on him as per section 20 (l) of RTI Act following the CPIO's failure to furnish reasonable explanation regarding his continued absence and for not firnishing information to the Appellant as well.
In view of the above, a penalty ofRs. 5,0001 (Rupees Five Thousand Only) is imposed on Shri R.P Gupta, SDM, Dwarka Delhi. The First Appellate Authority (DM, Kapashera) is directed to ensue that the amount of Rs.5,0001 (Rupees Five Thousand OnIy) shall be deducted from the salary of Sbri R.P Gupta, SDM, Dwarka Delhi and remit the same by way of demand draft drawn in favour of "PAO, CAT", New Delhi and forward the demand draft to the Deputy Registrar a (GR-II)' email: [email protected] Room No, 106, First Floor, central Information Commissio4 Baba Ganmath Mare. Munirka. New Delhi 110067. The said penalry amount should reach the commission by 17.10.2022. The commission also directs thi respondent to provide the information sought to the Appellant within two weeks from the date of reciipt of this order under intimation to the Commission.
With the aforementioned directions, the non Compliance case is disposed of.
(UdayMah u rka O GqTcrEad.$ (Information Commissioner) C{Sqfqrgfl Authenticated true copy (3rBirfr rFrdadsfl Tfr 'fr cfo (R. K. Rao) (3IR.+'. {r{) (Dy. Regisrar) (w-{f,r'+5;
01 1 -261 82598 / [email protected] kfri-6' / Date: 13.08.2022 Mr. VineyWason B l/570 FF Janakpuri New Delhi.- 110058 Copv to
1. SDM, Dd+<(A SuB Otvt<tox.
Dabri - Gurgaon Rd, Sector 10 Dwarka" Dwarka, Delhi, I10075 e
2. DC OIIice, The First Appellate Authority O1d Terminal Tax Building, Kapashera, Delhi- 1 1 00037
3. Deputy Registrar (CR-tr), Room No. 106, First Floor, Central Infonnation Commission, Baba Ganglath Marg, Munirka, New Delhi 110067.