CIC noted that in another matter, the respondent informed that the RTI application & the first appeal were not received by them - CIC directed the FAA to inquire into whether the RTI application was received and the IPO attached was encashed
15 Feb, 2017ORDER
1. Shri Dharmender Kumar Aheriya filed an application dated 15.10.2015under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), O/o Registrar General & Census Commissioner seeking information on four points pertaining to inclusion of Aheriya, Kori, Khatik, Tharu and Meular castes in the category of Scheduled Tribes (STs) on the basis of 1951 Census of Uttar Pradesh etc. and the reasons for exclusion of Aheriya caste from the said list along with the copy of the order by which it was excluded.
2. Shri Dharmender Kumar Aheriya filed a second appeal dated 28.01.2016 before the Commission on the grounds that no response has been received by him from either the CPIO or the FAA. The appellant requested the Commission to direct the CPIO to provide the information sought by him.
Hearing:
3. The appellant Shri Dharmender Kumar Aheriya was not present despite notice. The respondent Ms. Purnima, Assistant Director and CPIO, O/o Registrar General was present in person.
4. The respondent submitted that the RTI application and first appeal in the matter were not received in the Social Studies Division. The respondent further submitted that information in response to a similar RTI application dated 24.10.2016 was provided to the appellant vide letter dated 25.11.2016. On a query from the Commission, the respondent submitted that the RTI applications and the first appeals addressed to the CPIO, RGI are received in the O/o RGI situated at Mansingh Road, New Delhi.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that though due information in response to the second appeal has been provided to the appellant, the respondent claims that the RTI application and the first appeal were not received in the Division concerned. The Commission also notes that in another matter CIC/SB/A/2016/000394 the respondent also informed the Commission that the RTI application and the first appeal were not received by them. The Commission, therefore, directs the FAA, O/o the RGI to inquire into the matter as to whether the RTI application was received in the O/o RGI and the IPO attached with the RTI application (bearing no. 34F 273108) was encashed, if so, what action was taken on the RTI application. The FAA shall also, if required, take appropriate departmental action against the officers/officials responsible for the misplacement of the records. A copy of the inquiry report along with the action taken report may be provided to the Commission as well as to the appellant within a period of six weeks from the date of receipt of a copy of this order.
6. With the above observations, the appeal is disposed of.
7. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: Shri Dharmender Kumar Aheriya v. Office of Registrar General in Decision No. CIC/SB/A/2016/000321 Dated: 07.02.2017