Information about Maidan Garhi residential area - CIC: PIO to trace the reply previously provided to the appellant and provide a copy to the appellant free of cost via speed - CIC: Why action should not be initiated under Section 20 of the RTI Act?
The Appellant sought following information is as under:
1. Please provide latest map of Maidan Garhi showing residential area ridge area and any other area acquired by other Govt. Department.
2. Please show the area/plots allotted to the residents to Maidan Garhi under 20 points programme by the then Gram Pradhans, Sh. Jeet Ram and Sh. Nathu Singh on the above requested map.
Having not received any response from the PIO, the Appellant filed a First Appeal dated 11-02-2019.
The FAA vide order dated 12-04-2019, held as under:
The documents on record were perused. The SPIO (SDM) Saket is directed to provide the available information as per RTI Act free of cost within two weeks. The appeal is disposed off accordingly.
Written submissions have been received from the Appellant for perusal before the Commission.
Grounds for Second Appeal:
The PIO has not provided information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Relevant Facts emerging during Hearing: The following were present: -
Appellant: present in person
Respondent: Mr. Yoginder Singh, Tehsildar & Rep. of PIO, Sub-Divisional Magistrate-(Saket), present in person.
Appellant stated that he has not received any reply from the PIO till date.
Upon Commissions instance, Rep. of PIO submitted that owing to the circumstances created due to current pandemic he doesn’t have the relevant file and thus, won’t be able to make any submissions. However, he affirmed that he would comply with the directions of the Commission, if any.
Commission has gone through the case records and observes that no information has been received by the appellant till date. In view of the foregoing, Commission directs the PIO to search the records and trace the reply previously provided to the appellant and provide the copy of the same to the appellant, free of cost via speed post. In case no reply has been provided previously then present PIO must provide a fresh point wise reply to the appellant, free of cost via speed post within 30 days after the current lockdown is lifted and PIO rejoins the office and accordingly compliance report to this effect be duly sent to the Commission by the PIO. Further, PIO must make sure that any third-party information or any other information which is exempted from disclosure under RTI Act, 2005 shall not be disclosed to the appellant while providing the said reply.
In the event no initial reply was provided then the present PIO will serve the copy of the instant order to the erring PIO who failed to provide the initial reply and erring PIO through the present PIO will justify as to why action should not be initiated against him/her under Section 20 of the RTI Act for the gross violation of its provisions. In doing so, if any other persons are also responsible for the omission, the then PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. The said written submission of then PIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days after the normalization of current situation and PIO rejoins the office.
The appeal is disposed of accordingly.
Citation: Rakesh Kumar v. Sub-Divisional Magistrate-(Saket) in CIC/REVDP/A/2019/123213, CIC/REVDP/A/2019/123213, Date of Decision: 12.05.2021