Central Information Commission
Mr.Ajay Saigal vs Delhi Development Authority on 11 April, 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/2011/004008
Complaint No. CIC/DS/C/2011/002276
Appellant /Complainant : Shri Ajay Sehgal, New Delhi
Public Authority : DDA, New Delhi
(Shri Ram Shabad Ram, Dly.Dir/CPIO & Sh.
J.R.Malhotra
A.D.)
Date of Hearing : 11 April 2012
Date of Decision : 11 April 2012
Facts:
1. Shri Ajay Sehgal submitted RTI application dated 7 December 2010 before the CPIO, DDA, Delhi seeking inspection of two files.
2. CPIO did not provide the said information.
3. Complainant preferred appeal dated 18 August 2010 before the First Appellate Authority
4. Vide FAA order dated 17 August 2010, FAA informed Shri Sehgal that they are unable to trace the said files in their Record Cell.
5. Being aggrieved and not being satisfied by the above response of the public authority, the Complainant filed the present complaint before the Commission.
6. Matter was heard today. Both parties appeared in person and made submissions. The respondent CPIO pleads that the record sought by the appellant is not traceable and therefore information can not be provided to him.
Decision notice Appeal: No. CIC/DS/A/2011/004008 Complaint No. CIC/DS/C/2011/002276
7. Commission notes that the CPIO has responded to the RTI application dated 7 December 2010 only on 12 August 2011. What is surprising is that even after a delay of over eight months, the only information provided to the appellant was the names of the dealing assistants who were handling these files along with period of posting. The Commission cannot accept that this information is of any importance to the appellant and certainly not what he had sought in his RTI application. What is further surprising is that the first appellate authority, vide his order of 5 October 2011 has upheld the order of the CPIO and observed as follows, "under the provisions of RTI Act, PIO is required to furnish the information with him or under his possession. In this connection, PIO has informed that the concerned files are not available. Therefore, the same cannot be made available to the present appellant for inspection........ In these circumstances, it cannot be said that PIO has not furnished information available with him. In view of above, the present appeal is hereby dismissed."
8. The above order of the first appellate authority clearly shows no application of mind and also lack of knowledge of the provisions of the RTI Act. Management of records and losing of files by the public authority is not one of the exemption clauses given under section 8 of the RTI Act under which disclosure of information can be denied. As per provisions of "Sec. 19(8)(a) the attention of the ViceChairman, DDA is drawn to this order so that he can give directions for training in the RTI regime to the first appellate authority namely Shri S K Jain, Director (Lands) at the officer has demonstrated his utter lack of knowledge and understanding of the transparency legislation even though it is over six years old. Through this order, notice is also issued to the former CPIO/Deputy Director (OSB) to show cause why penalty should not be imposed upon him for not having furnished information to the appellant within the prescribed period. Opportunity of hearing is provided to him and he is directed to appear before the Commission on 19.6.2012 at 12.30PM at Delhi.
9. Current CPIO is directed to put in efforts to locate information sought by the appellant through his RTI application (two years and four months earlier) for which time of six weeks is given. Compliance will be reviewed on the above mentioned date.
Appeal: No. CIC/DS/A/2011/004008 Complaint No. CIC/DS/C/2011/002276 (Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Ajay Sehgal 1B/27, N.E.A. Opp. Pusa Road New Delhi110060
2. The CPIO Dy.Director (OSB) Delhi Development Authority Old Scheme Branch Vikas Sadan, NewDelhi110023
3. The Appellate Authority Director (Lands) Delhi Development Authority ABlock, 2nd. Floor, Vikas Sadan INA Market, NewDelhi110023
4. The Sr.Research Officer (RTI) Appeal: No. CIC/DS/A/2011/004008 Complaint No. CIC/DS/C/2011/002276 RTI Implementation & Coordn. Branch DDA, C1 Block, l3rd. Floor, Vikas Sadan INA Market, NewDelhi110023 Appeal: No. CIC/DS/A/2011/004008 Complaint No. CIC/DS/C/2011/002276