The valuation report of auctioned property was sought – PIO: the valuation report did not pertain to the auctioned property – CIC: no directions can be given as queries have risen from the erroneous reply of the respondents
1. This matter pertains to an RTI application dated 14.1.2013 filed by the Appellant, seeking information on five points regarding the valuation report dated 22.1.2004 in respect of his property and related details. Not satisfied with the response of the Respondents, he filed second appeal dated 19.4.2014 to the CIC, which was received by the Commission on 25.4.2014.
2. The Appellant stated that the information sought by him has not been provided. The Respondents stated that the matter concerning the property had gone to DRT and a decision was given in favour of the bank. The High Court also gave a decision in favour of the bank and the Appellant’s SLP is now pending in the Supreme Court against the order of the High Court. They further submitted that in response to query No. 1 of the RTI application, it was erroneously stated by them that the valuation report dated 22.1.2004 did not pertain to the auctioned property. They have admitted this error before the Supreme Court also. In view of the foregoing, we would not give any direction to the Respondents in respect of query No.1 and query No.4, which arises from the above mentioned erroneous reply of the Respondents. With regard to point Nos. 2, 3 and 5 of the RTI application, the Respondents stated that the CPIO is not expected to provide any explanation. While agreeing with the above submission of the Respondents, we direct the CPIO to provide such information, as is available on the records of the public authority, in response to point Nos. 2, 3 and 5 of the RTI application. This information should be provided free of cost, within twenty days of the receipt of this order, under intimation to the Commission.
Citation: Shri Virendra Prasad Jain v. Bank of Baroda in File No. CIC/SH/A/2014/000652