What happens if the RTI applicant expires before the hearing is conducted by the CIC?
The appellant had filed an application under the Right to Information (RTI) Act with the New Delhi Municipal Corporation (NDMC) seeking information in respect of some property pertaining to the ‘third party’. The First Appellate authority (FAA) directed the PIO to provide the information to the appellant. The ‘third party’ approached the Central Information Commission (CIC) with an appeal against the order of the FAA claiming that the FAA did bother to hear him (third party) and ordered for disclosure of information. The Commission stayed the impugned order of the FAA until a decision on the matter is taken by the Commission. The Commission later received a complaint from the appellant stating that the Commission ought to have heard him and taken note of his objections before pronouncing the stay order. He requested the Commission to set aside its previous order and restore the order of the FAA.
During the hearing the Central Information Commission (CIC), the ‘third party’ informed the Commission that the appellant has since expired. The ‘third party’ submitted that the appellant had filed a complaint with the Police according to which the ‘third party’ had committed a criminal offence by forging appellant’s signature on the affidavit / no objection for filing the same before the NDMC for effecting the mutation of the property in his name and wanted the police to enquire into the matter. The ‘third party’ further pointed out that the Police after enquiring into the matter closed the case stating that the appellant’s allegations could not be substantiated. The ‘third party’ also submitted that the appellant had made a relinquishment deed in favour of the father of the ‘third party’ and had received Rs.5 lakhs from the father of the third party.
View of CIC
The Commission observed that since the RTI applicant has expired the case stands abated.
Citation: Shri Bhagwan Dass v. New Delhi Municipal Corporation in File No: File No: CIC/AD/A/2012/002093
RTI Citation : RTIFI/2013/CIC/1209
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