Indian Kanoon - Search engine for Indian Law

Central Information Commission

Javed Maqsood Khan vs Delhi Jal Board on 30 October, 2023

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                       के न्द्रीयसच
                                                  ू नाआयोग
                             Central Information Commission
                                     बाबागंगनाथमागग,मुननरका
                             Baba Gangnath Marg, Munirka
                               नईनिल्ली, New Delhi - 110067

द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/DELJB/A/2023/638169-UM

Mr. Javed Maqsood Khan
                                                                         ....अपीलकर्ता/Appellant

                                            VERSUS
                                             बनतम




CPIO
O/o. THE ASSISTANT COMMISSIONER NODAL PIO,
RTI CELL, DELHI JAL BOARD, GNCTD,
HQ, VARUNALAYA BUILDING PH-II,
KAROL BAGH, NEW DELHI-110005



                                                                     ..... प्रतर्वतदीगण /Respondent
Date of Hearing      :              25.10.2023
Date of Decision     :              27.10.2023



Date of RTI application                                                    23.03.2023
CPIO's response                                                            Not on record
Date of the First Appeal                                                   23.05.2023
First Appellate Authority's response                                       Not on record
Date of diarized receipt of Appeal by the Commission                       8.5.2023

                                           ORDER

FACTS The Appellant vide RTI application sought information, as under:-

Dissatisfied due to non-receipt of any reply from the PIO, the Appellant, approahced the FAA. The order of the FAA, if any, is not on the record of the Commission. Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Mr. Javed Maqsood Khan, attended the hearing. Respondent: Mohammad Idris Ali, PIO & E.E., attended the hearing.

The Appellant while reiterating the contents of his RTI Application has stated that he has not received the relevant information as sought in the instant RTI Application.

The Respondent while defending their case submitted that since the information sought in the RTI Application is voluminous in nature and providing the same would divert the time and resources of the public authority in providing all thereby attracting Section 7 (9) of the RTI Act. Accordingly, their office vide letter dated 05.06.2023 offered an opportunity of inspection of the relevant records to the Appellant.

The Appellant intervened and apprised the bench that the Respondent has not shown the relevant documents to him when he visited the office.

DECISION:

Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though an appropriate reply has been provided by the Respondent but the inspection of records has not been done properly till date. Hence, the Commission deems it expedient to direct the present CPIO to again provide an opportunity to the Appellant to inspect the relevant records as sought in the present RTI Application on 30.10.2023 at 11:00 AM. The Respondent shall depute a person to assist the Appellant during the inspection. Copy of documents, if desired, should be provided to the Appellant free of cost up to 25 pages, and beyond those, prescribed fees shall be charged as per the RTI Rules, 2012. The said direction should be complied with, by the CPIO within 15 days from the date of receipt of this order and a compliance report of the same be duly sent to the Commission, enumerating the details of documents inspected and copy of documents provided.

The Appeal stands disposed accordingly.

(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वित एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 द्वदनांक / Date: 27.10.2023 Page 3 of 3