Central Information Commission
Indrani Gupta vs Land And Development Office on 6 March, 2019
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No.:- CIC/LADOF/C/2017/147906-BJ
Ms. Indrani Gupta
.... िशकायतकता /Complainant
VERSUS
बनाम
CPIO
Dy. Land & Development Officer
Land and Development Office
Ministry of Urban Development
Gate 4, 'A' Wing, 6th Floor
Moulana Azad Road, Nirman Bhawan
New Delhi - 110011
... ितवादीगण /Respondent
Date of Hearing : 06.03.2019
Date of Decision : 06.03.2019
Date of filing of RTI application 27.03.2017
CPIO's response Not on Record
Date of filing the First appeal Not on Record
First Appellate Authority's response Not on Record
Date of diarised receipt of Complaint by the Commission 12.07.2017
ORDER
FACTS:
The Complainant vide her RTI application sought information on 05 points regarding whether any representation was received by their office from her in the Month of February, 2017; if yes, then status of the application, officer to whom it was assigned for further action, etc. Dissatisfied due to non-receipt of any response from the CPIO, the Complainant approached the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Complainant: Absent;
Respondent: Absent;
The Complainant remained absent during the hearing. Mr. Kapil Dev, Network Engineer NIC studio at Kolkata confirmed the absence of the Complainant. On perusal of the records, it was Page 1 of 3 observed that no letter had been sent to the Complainant informing about the status of her application. It was noted that the office of L&DO, Ministry of Urban Development violated the provisions of the RTI Act, 2005 under Section 7 and was liable for penal action under Section 20 (1) of the RTI Act, 2005.
The Commission also observed that the RTI Act, 2005 stipulates time limits in its various provisions relating to responding to RTI Applications, transfer of applications, filing and disposing of first appeal to ensure that a culture of information dissemination is strengthened so that a robust functioning of the democracy gets established. This was recognised by the Hon'ble High Court of Delhi in Mujibur Rehman vs Central Information Commission (W.P. (C) 3845/2007)(Dated 28 April, 2009) wherein it was held as under:
"14.......The court cannot be unmindful of the circumstances under which the Act was framed, and brought into force. It seeks to foster an "openness culture" among state agencies, and a wider section of "public authorities" whose actions have a significant or lasting impact on the people and their lives. Information seekers are to be furnished what they ask for, unless the Act prohibits disclosure; they are not to be driven away through sheer inaction or filibustering tactics of the public authorities or their officers. It is to ensure these ends that time limits have been prescribed, in absolute terms, as well as penalty provisions. These are meant to ensure a culture of information disclosure so necessary for a robust and functioning democracy."
With regard to providing a clear and cogent response to the Appellant, the Commission referred to the decision of the Hon'ble Delhi High Court in J P Aggarwal v. Union of India (WP (C) no. 7232/2009 wherein it was held that:
" 7"it is the PIO to whom the application is submitted and it is who is responsible for ensuring that the information as sought is provided to the applicant within the statutory requirements of the Act. Section 5(4) is simply to strengthen the authority of the PIO within the department; if the PIO finds a default by those from whom he has sought information. The PIO is expected to recommend a remedial action to be taken". The RTI Act makes the PIO the pivot for enforcing the implementation of the Act."
8.............The PIO is expected to apply his / her mind, duly analyse the material before him / her and then either disclose the information sought or give grounds for non-disclosure."
Furthermore, the Hon'ble High Court of Delhi in the matter of R.K. Jain vs Union of India, LPA No. 369/2018, dated 29.08.2018, held as under:
"9................................ That apart, the CPIO being custodian of the information or the documents sought for, is primarily responsible under the scheme of the RTI Act to supply the information and in case of default or dereliction on his part, the penal action is to be invoked against him only."
The Commission observed that there is complete negligence and laxity in the public authority in dealing with the RTI applications. It is abundantly clear that such matters are being ignored and set aside without application of mind which reflects disrespect towards the RTI Act, 2005 itself.
Page 2 of 3The Commission expressed its displeasure on the casual and callous approach adopted by the respondent in responding to the RTI application. It was felt that the conduct of Respondent was against the spirit of the RTI Act, 2005 which was enacted to ensure greater transparency and effective access to the information. The Complainant/ Respondent were not present to contest their submissions or to substantiate their claims further.
DECISION:
Keeping in view the facts of the case and lack of any response from the CPIO, the Commission directs Secretary, Ministry of Urban Development to depute an officer to investigate the matter and fix responsibility and accountability for its negligence and violations of the provisions of the RTI Act, 2005 so as to enable the Commission to initiate penal action under Section 20 (1) of the RTI Act, 2005 within a period of 30 days from the date of receipt of this order. A copy of the enquiry report should be sent to the Complainant also.
The Complaint stands disposed accordingly.
Bimal Julka (िबमल जु का) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) K.L. Das (के .एल.दास) Dy. Registrar (उप-पंजीयक) 011-26182598/ [email protected] दनांक / Date: 06.03.2019 Copy to:
1. Secretary, Ministry of Urban Development, Room No. 122-C, Nirman Bhawan, Maulana Azad Road, New Delhi-110011
2. Mr. Amit Kataria, Land & Development Officer, M/o Urban Development, Room No. 611, A Wing, Moulana Azad Road, Nirman Bhawan, New Delhi - 110 011 Page 3 of 3