Central Information Commission
Ullas Jain vs Archaeological Survey Of India on 19 May, 2025
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/ALSOI/A/2024/632312
Shri Ullas Jain ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Archaeological Survey of India
Date of Hearing : 16.05.2025
Date of Decision : 16.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 14.08.2023
PIO replied on : 27.09.2023
First Appeal filed on : 27.10.2023
First Appellate Order on : 22.12.2023
2 Appeal/complaint received on
nd : 30.07.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 14.08.2023 seeking information on following points:-
"..(8) Copy of the correspondence received to ASI Delhi Circle since 27-04-23 from Education Department, GNCTD regarding demolition order dt. 30-03-22 for removal of illegal construction from Kotla Firozshah G (Co-ed) Middle School, Delhi. (9) Email complaint dt. 25-06-2023 of Smt. Sudha addressed to hon'ble Minister of Culture & Director, Monuments) pertains to the subject 'Regarding delay in FIR & explicit support to offender Roopam Jain by officials of ASI'.
(a) Diary number with date of the said email complaint as per the records of 0/0 ASI Delhi Circle.
(b) Copy of the information pertaining to action taken by ASI Delhi Circle on the said email complaint.
(10) (a) Despatch number with date and speed post consignment number vide which the information has been supplied in r/o RTI Application numbered ALSOI/R/E/22/00752/1 dt. 18-12-22.
(10) (b) Copy of the decision of FAA (RTI) in r/o RTI Appeal numbered ALSOI/A/E/23/00036 dt. 29-1-23.
(11) (a) A copy of my email dt. 21-07-23 addressed to Registrar, CIC and pertaining to the subject 'Urgent: Regarding transfer of Page 1 pending appeals/complaints to other Information Commissioner' was endorsed to SA, ASI Delhi Circle.
Diary number with date of the said email as per the records of O/o ASI Delhi Circle.
(11) (b) Diary number with date of CIC summon for hearing of appeal numbered CIC/ALSOI/A/2022/662092. (11) (c ) And other related information."
The CPIO, Archaeological Survey of India, New Delhi vide letter dated 27.09.2023 replied as under:-
Point No. 8:-As per available records in file, no response has been received from GNCTD of Delhi (education deptt.) since 27.04.2023.
Point No. 9 & 9 a:-Diary no. 3779 dated 26.06.2023 Point No. 9b:-In this regard, a letter has been written a letter to SDM (Kotwali) and copy enclosed to DG office, RD office and Education department on 21.07.2023. (Copy enclosed) as "A".
Point No. 10a:-RTI application numbered ALSOI/R/E/22/00752/1 dated 18.12.2022 was forwarded to Delhi Mini Circle. Since this office didn't have the access of the Delhi Mini circle RTI portal so the matter was not disposed in time. The matter was redirected from ASI, Thrissur Circle in the year 2023 and was disposed off in 18.09.2023 Point No. 10b:-Copy of the decision of FAA (RTI) in r/o RTI appeal numbered ASLOI/A/E/23/00036 is enclosed.
Point No. 11a:-Diary no. 202 dated 24.07.2023 Point No. 11 b:-Diary no. 153 dated 23.06.2023. Point No. 11c:- Etc"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.10.2023. The FAA vide order dated 22.12.2023 stated as under:-
"Govt. Co-ed Middle School, Kotla Firozshah, New Delhi matter is ongoing since 2019. Every time we provide you with each & every information pertaining to the matter but still it seems that you are not satisfied with your queries. You are therefore requested to come and meet the First Appellate Authority at 10:00 AM on any working day at the Of Superintending Archaeologist, Archaeological Survey of India, Delhi Circle, Puratatva Bhawan, GPO Complex, D-Block, 3rd Floor, INA, New Delhi with prior intimation. It is not out of the context to mention here that from each and every reply that you receive from this office you further accentuate more queries out of those replies thereby complicating the issue further. Therefore it is reasonable to discuss the matter in person clearing all your doubts in this regard for further clarity. If you failed to turn up for the said meeting then this office will not entertain any of your future queries, further.
Therefore, the First Appellate Authority has decided that your First appeal application no. ALSOI/A/E/23/00205 dated 27.10.2023 stands disposed off."
Page 2 Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 09.05.2025 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
"..With reference to your Second appeal CIC/ALSOI/A/2024/632312 dated 21.04.2025 which is due for audio conference before Hon'ble Central Information Commissioner Mr. Heeralal Samariya on 16.05.2025 at 11:50AM received by this office on 25.04.2025, it is to be humbly submitted that the reply to the applicant by the CPIO had already been submitted vide this office letter dt. 27.09.2023 and the first appeal by the Appellate Authority was disposed off by this office on ALSOI/A/E/23/00205 dt. 22.012.2023. (Both the coples are enclosed Annexure-1) As per the grievances, shown by the applicant through Q. No.11 (C) where the applicant mentions that CPIO, ASI Delhi Circle has produced forged documents before the Honble Information Commissioner is misleading. CPIO doesn't recall of submitting any such document that has forged signature of Ullas Jain along with fake dak courier receipt.
On the contrary CPIO, ASI Delhi Circle had mentioned through RTI replies dated 9.09.2022 and 12.01.2023 (Copies annexed as Annexure -II) that the rectified copy of the affidavit dated 24.08.2022 submitted to CIC on 24.08.2022 by ASI, Delhi Circle with proper explanation may be collected from the office of CIC. It was also mentioned to the applicant that the information can only be provided subject to the permission received from CIC in this regard. The matter was also discussed with the officers of CIC where the same suggestion was given to ASI by them. In spite of that it is surprising to see that the applicant is not aware of the fact and is constantly pressurizing and blaming CPIO /FAA with false baseless allegations for the affidavit submitted to CIC. As per RTI Section 8 (1) (J) it is understood that the information here submitted to CIC is a third party information in which case the CPIO is not allowed to share/provide the same with the applicant. The affidavit was prepared and submitted after the order received from CIC vide CIC/ALSOI/A/2019/661282-UM dated 03.02.2021. The point wise reply was submitted to the applicant vide this office letter dated DMC/08/2019-RTI (DC) dated 21.06.2021 as per the order of the CIC. However if CIC permits then the copy of the affidavit could be provided to the applicant as well.
CPIO, ASI, Delhi Circle had informed all these to the Hon'ble Commissioner vide this office letter dated DC/09/2022 dated 7.07.2023. (Copy enclosed Annexure-III) In reference to point no 11(D) please allow me to take the opportunity to explain that the applicant is harassing the CPIO and the FAA of ASI, Delhi Circle in spite of knowing the fact that the process of demolition of unauthorized construction in case of (Govt. co-ed Middle School, Kotla Firoz Shah, New Delhi) can only be Page 3 carried by the revenue department/Municipal Cooperation of Delhi and local police. As per the Ancient Monument and Archaeological Sites and Remains Act, the execution of the demolition of any unauthorized property is beyond the jurisdiction of ASL. ASI had given several reminders 12.04.2022, 24.06.2022, 30.06.2022, 27.04.2023 and 08.04.2024 (Copy enclosed Annexed as Annexure-IV) to the Revenue department in this regard asking them to demolish the structure built by the school authority without permission. The applicant is updated with all this information given time to time through various RTI applications but surprisingly the applicant still brings allegation on the officials of ASI Delhi Circle without proper justification. This needs to be stopped as the applicant is misusing the RTI platform, Govt. resources and pressurizing the govt. officials to work according to his desire and command. Not only that CPIO, ASI Delhi Circle had also received email dated 1.07.2024 from Shri Ullas Jain with an allegation of defamatory averments for which Sh. Jain had put a penalty of Rs. 21,00,000/- on the CPIO and demanded the money from the CPIO and further it was mentioned that if the CPIO fails to comply civil and criminal suits would be brought against CPIO. (Copy of the mail enclosed Annexure-V). Reply given by the CPIO in this regard is also attached.
I request the Honble Commission to take necessary action against such allegations brought against a government officer who is just performing her duty as per the orders received from her seniors, in this case Superintending Archaeologist, ASI Delhi Circle. Attacking a Govt. officer with such allegations is inappropriate inspite knowing her position and the capacity she is performing her duties. Moreover imposing penalty amount of such an exorbitant amount giving a plea of mental agony and defamation should not be encouraged.
Further, the applicant had been called by the Superintending Archaeologist also the First Appellate authority of ASI Delhi Circle in his chamber to discuss the case with a proper explanation so that he may understand the role of ASI in the removal of the illegal construction as per the AMASR Act. Sh. Jain never turned up nor had communicated his unavailability on medical ground as he has now submitted to the Honble Commissioner. However the required information as available as per the record is once again submitted.."
Written submission has been received from the Appellant and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: Ms. D.M. Rawat, Mr. Naresh Chand, CPIO, Mr. Animesh Dev Rai, SO (Vigilance), ASI- participated in the hearing.
The Appellant stated that the relevant information has not been furnished to him till date He stated that the information sought at point No. 11 (c) of the Page 4 RTI Application has not been furnished by the PIO. He stated that at point No. 11(c) of the RTI Application he had sought copy of written submission duly submitted by the Respondent in Second Appeal No. CIC/ALSOI/A/2022/662092. He stated that he was the Appellant in Second Appeal No. CIC/ALSOI/A/2022/662092 and the Respondent had submitted a written submission in the aforementioned case and copy of the same was not provided by the Respondent to the Appellant. He stated that in the hearing notice of the aforementioned case it was clearly mentioned that copy of the written submission, if any, submitted by either of the parties should be provided to the opposite party but PIO in the aforementioned case failed to do so.
The Respondent stated that point-wise reply has been duly provided to the Appellant. They further stated that the information as available in their records has been duly provided to the Appellant. They affirmed to provide the copy of written submission as sought at point No. 11(c) of the instant RTI Application.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission dated 09.05.2025 along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Commission, after perusal of case records and submissions made during hearing, directs the concerned PIO to revisit the instant RTI Application and provide a revised fresh reply with respect to point No. 11(c) of the instant RTI Application i.e specifically furnish copy of written submission dated 19.06.2023 as submitted by the Respondent in Second Appeal No. CIC/ALSOI/A/2022/662092, as available in their records, with regards to the instant RTI Application, to the Appellant, free of cost via speed post, 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.
However, as regards the other points of the RTI Application, the Commission is of the considered opinion that an appropriate reply has been duly provided by the PIO as per the provisions of RTI Act. No further action lies.
Page 5 Appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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