Action taken on a complaint regarding encroachment of Govt. land - PIO informed that the action taken is pending - CIC: Since the FA had directed the PIO to furnish a reply within 15 days, a reply ought to have been given by the PIO; Warning issued to PIO
26 May, 2023
Information Sought:
The appellant had filed a complaint dated 26/11/2021 regarding encroachment of Govt. land at H No. 322/2 in the Cantonment Area, Agra. In this regard she has sought the following information:
Whether any investigation into the said complaint has been done and suitable action has been taken in respect of the said complaint? If yes, provide copies of the documents related to the same.
Grounds for filing Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant vide written submissions dated NIL requested to decide the case based on his contentions in the appeal.
The appellant’s representative stated that the land in question belonged to the Cant. Board and not the Ministry of Defence.
The CPIO could not provide any reasoning for not complying with the FAA’s order till date.
Observations:
Based on a perusal of the record, it was noted that the CPIO, Engineering Section vide letter dated 12.01.2022 replied to the appellant and stated that the action taken is pending. The FAA vide order dated 10.03.2022 directed the CPIO to provide an updated reply within 15 days, if any progress occurred after the reply. As per record, no reply was given thereafter and the CPIO could not explain the reason for the same.
Although the queries are not as per Section- 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act however, since the FA had directed the CPIO to furnish a reply within 15 days, a reply ought to have been given by the CPIO which was not given.
Decision:
A strict warning is issued to the CPIO for not complying with the FAA’s order; any such omission in future shall attract penal action. He is therefore now directed to send a final reply to the appellant in compliance with the FAA’s order within 10 days from the date of receipt of this order.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Smt. Nabila Khan v. Cantonment Board Agra, File no.: - CIC/DODEF/A/2022/123641; 05.04.2023