Central Information Commission
Kunal Singha vs Office Of The Additional Distt. ... on 13 July, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal Nos. CIC/ADDDM/A/2019/116918
CIC/ADDDM/A/2018/116917
Shri Kunal Singha ... अपीलकताग/Appellant
VERSUS/बनाम
The PIO/SDM (Dwarka), Sector-10, ...प्रनतवािीगण /Respondent
Dwarka, New Delhi
Through: Sh. Bhoop Singh - Tehsildar, on behalf
of Sh. Chandrashekhar - SDM
Date of Hearing : 13.07.2020
Date of Decision : 13.07.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Case RTI Filed CPIO First FAO's Second
Nos. on reply's Appeals Appeals
dated
116918 30.08.2018 No Reply 12.12.2018 18.01.2019 10.04.2019
116917 30.08.2018 No Reply 12.12.2018 18.01.2019 10.04.2019
CIC/ADDDM/A/2019/116918
Information soughtand background of the case:
The Appellant filed RTI application dated 30.08.2018 seeking information on three points regarding his complaint against Mr. Jagdish Sharma and his wife engaged in selling juice, for running diesel operated juice selling/extracting machine and causing noise and air pollution. The queries raised by the appellant are as follows:
1)What action taken by your Department in this issue?
2) What information you investigating team gather; which force's him to close the case without any intimation to complainant?Page 1 of 4
3) Is there any turn around time or time bound investigation scheduled for citizens complaint by your Office?
(Queries reproduced Verbatim) Having not received any response from the PIO, the Appellant filed First Appeal dated 12.12.2018. The FAA vide order dated 18.01.2019 requested SDM Dwarka, to provide information related to the RTI application to the appellant within 10 days of the receipt of this order.
Feeling aggrieved and dissatisfied on non-compliance of FAA's order, the Appellant approached the Commission with the instant Second Appeal.
CIC/ADDDM/A/2018/116917 The Appellant filed RTI application dated 30.08.2018 seeking information on three points:
1) What action taken by your Departmentin this issue?
2) Why concern officers does not give written information to the Complainant?
3) Is there any turn around time or time bound investigation scheduled for citizens complaint by your Office?
(Queries reproduced Verbatim) Having not received any response from the PIO, the Appellant filed First Appeal dated 12.12.2018. The FAA vide order dated 18.01.2019 requested to SDM Dwarka, to provide information related to the RTI application to the appellant within 10 days of the receipt of the order.
Feeling aggrieved and dissatisfiedon non-compliance of FAA's order,the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Written submissions dated 08.07.2020 has been received from the PIO/SDM, Dwarka furnishing a detailed account of the facts of the case. He has stated that:
A complaint dated 01.03.2017 was filed by the appellant alleging that Mr. Jagdish Sharma and his wife are running illegal juice selling activities and use generator which creates pollution and nuisance. The then SDM had held multiple hearings and the juice seller submitted an affidavit dated 23.10.2017 confirming that he never had any Generator Operated vehicle in his shop, neither he will do so in future. On receipt of the CIC hearing notice, the current PIO came to know about the RTI case filed by the appellant and furnished him reply dated 06.07.2020 including a report from the Halka Patwari confirming that no Generator Set has been used in the locality in the past 3-4 months.Page 2 of 4
The PIO/SDM, Dwarka has further stated that if the appellant is not satisfied with the proceedings so far conducted on his complaint dated 01.03.2017, the same may be resumed again to resolve grievance.
Respondent has annexed copies of relevant documents along with the submissions.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
Both parties participated in the hearing on being contacted on their respective telephones. Appellant states that he is aggrieved by the delay in furnishing of information on 06.07.2020. The appellant is also aggrieved by the fact that the First Appeal was concluded without hearing the appellant and only the juice vendor was summoned to be heard. Respondent has placed reliance on the submissions placed on record.
Decision Perusal of facts of the case reveal that the information sought by the appellant has been provided after a lapse of more than two years, which is a clear violation of the provisions of the RTI Act. The current PIO/SDM-Sh. Chandrashekhar has furnished the reply dated 06.07.2020 to the RTI applications dated 30.08.2018. No reasonable explanation is found for the inordinate delay in furnishing a reply nor any justification provided for the blatant violation of the RTI Act and non-compliance of the FAA's orders dated 18.01.2019. The appellant has expressed his dissatisfaction with the hearing of the First Appeal, since the appellant was not given a proper opportunity to address his case.
Under the circumstances, it is deemed expedient that the appeals be remanded to the FAA/ADM(South-West)- Sh. M T Kom for fresh adjudication of the issues, after granting proper hearing to both parties and pass a reasoned speaking order: i) to resolve the grievance of the appellant;
ii) enquire about the delay in compliance of the earlier order of the FAA affixing responsibility of the official whose default has led to the violation of the provisions of the RTI Act.
Page 3 of 4The FAA shall conclude the above hearing within four weeks of receipt of this order and a copy of the speaking order so passed by the FAA/ADM-SW must reach the Commission by 31.08.2020, failing which penal proceedings shall be initiated as per law.
The appeals are thus decided with the above observations.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त) Authenticated true copy (अभिप्रमाभितसत्याभितप्रभत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उि-िंजीयक)/ 011-26180514 Page 4 of 4