Central Information Commission
Mr.Avtar Singh vs Ut Of Chandigarh on 25 June, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2011/003045
Appellant /Complainant : Shri Avtar Singh, Delhi
Public Authority : Electricity Department, UT
Chandigarh
(Sh. M.P. Singh, AA & Sh. Anil
Dhaneja, CPIO - through
Videoconferencing)
Date of Hearing : 25 June 2012
Date of Decision : 25 June 2012
Facts:
1. Appellant submitted RTI application dated 26 April 2011 before the CPIO, Electy. 'OP' Divn. No. 2, Chandigarh seeking details of the Electricity Connection provided at H. No. 643, Mohalla Gurudwara, Mata Raj Kaur, Mani Majra, Chandigarh between 19681990 and other related information.
2. Vide CPIO Order dated 12 May 2011, CPIO informed the Appellant that information sought pertains to third party information and hence cannot be provided.
3. Not satisfied by the CPIO's Reply, the Appellant preferred first Appeal to the First Appellate Authority dated 3 June 2011.
4. Vide FAA's Order dated 22 June 2011, the FAA upheld the CPIO's Order as information sought was 'personal' in nature.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today via videoconferencing from Chandigarh where respondent as above were present. Appellant appeared in person.
7. Respondents states that on account of a minor fire in the record room, the record sought by the appellant was destroyed.
8. CPIO gave evidence of the fire by stating that FIR was lodged at the time of fire but could not substantiate his averments by producing any list of files that had been destroyed in this minor fire. Subsequently respondent submitted that their Department had computerized all records from 1985 onwards and they would be able to trace out the information requested by the appellant from the computerized data.
Appeal: No. CIC/DS/A/2011/003045
9. Appellant states that the electricity connection of House No. 643, Mohalla Gurudwara Mata Raj Kaur, Mani Majra, Chandigarh between 1968 to 1990 was in the name of his father Shri Gopal Singh but due to non payment of dues, the electricity connection was disconnected and subsequently reconnection was given in the name of Shri Jaswant Singh.
Decision notice
10. After hearing both parties, Commission directs the CPIO to provide information in respect of points 1,2 & 3 to the appellant. In respect of point 4, only designation of the officers / officials who sanctioned the transfer of connection from the name of Shri Gopal Singh to Shri Jaswant Singh is required to be given. In case the documents show that the electricity connection before 1992 was in the name of Shri Gopal Singh, then the CPIO will also provide information as sought under point 6 of the RTI application along with recorded reasons for transferring the said electricity connection to the name of Shri Jaswant Singh.
11. The CPIO is at liberty to take action as per section 11 to seek the consent of Shri Gopal Singh before providing information to the applicant who claims to be the son of Shri Gopal Singh.
12. Action as above to be completed within 4 weeks of the receipt of the order.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Avtar Singh S/o Sh. Gopal Singh B64A, Gali No. 12, GaneshNagar Pandav Nagar Complex Delhi110092
2. The CPIO O/o the Executive Engineer Electricity, OP DivisionNo. 2 Industrial Area, Phase1 Appeal: No. CIC/DS/A/2011/003045 U.T. Chandigarh
3. The Appellate Authority O/o the Superintending Engineer Electricity, OP Circle, 5th Floor Room No. 511, UT Secretariat Sector9D, U.T., Chandigarh.
Appeal: No. CIC/DS/A/2011/003045