Respondent twice offered the inspection of records to the Appellant who visited once but did not inspect them - CIC directed the PIO to assist the appellant and again offer inspection of the documents pertaining to the RTI Application to the Appellant
18 Dec, 2023
O R D E R
FACTS
The Appellant vide his RTI application sought information on following points, as under:-
1. Inform interim and/or final outcome of investigation(s) carried out by the office of CVO - DDA against CVC acknowledged and forwarded complaint reference no. 186406/2021/vigilance-8 dated 01.11.2021 to CVO - DDA and arrange/ permit inspection of related & concerning record(s), files(s), documents and/or electronic records etc to me [RTI applicant].
2. Even after 3 months & 12 days, because neither the CVC nor the complainant (Rahul Gupta who is the information seeker as well) has not been informed of the interim and/or final outcome of investigation(s) by CVO-DDA office which is a clear violation of CVC Charter, give elaborated reason(s) for delay in completing investigation in the matter and supply any and all correspondences made with CVC in this regard including seeking extension of time to conclude investigation(s) etc and permit/ arrange inspection of related & concerning correspondences/ memos exchanged between CVO-DDA & CVC and other concerning & related record(s), file(s), documents(s) and/or electronic record(s) etc.
3. Supply communication/ memos exchanged with the office of Hon’ble Lt. Governor, Vice Chairman – DDA, CLA – DDA & Commissioner (LM)-DDA and/or Commissioner (LD)-DDA and/or Director (RL) – DDA and/or Dy. Director (LAB) – DDA etc on CVC acknowledged & forwarded complaint no. 186406/2021/ vigilance-8 dated 01.11.2021 and on the issue of “S. N. Gandhi” and arrange/ permit inspection of related & concerning record(s), files(s), documents and/or electronic records etc to me [RTI applicant].
4. Supply copy of FIR registered by Delhi Police against S.N.Gandhi on the request Dt. 19.06.2020 made to SHO, Kotla Mubarak Pur of Delhi Police and also supply further communication/ memos exchanged with the office of SHO - Kotla Mubarak Pur, if any, on the issue of lodging FIR against S.N.Gandhi and arrange/ permit inspection of related & concerning record(s), files(s), documents and/or electronic records etc to me.
The CPIO, Delhi Development Authority, vide letter dated 16.03.2022 furnished a reply to the Appellant.Dissatisfied with the reply received from the CPIO, the Appellant filed a First Appeal. The FAA vide order dated 31.03.2022 observed that the information has been furnished and upheld the reply of CPIO. Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Absent
Respondent: Mr. Deepak Yadav PIO, Present in Person
The Appellant remained absent during the hearing.
The Respondent submitted that they had twice offered the inspection of records to the Appellant dated 9th or 10th dated June 2022 and subsequently dated 26th June 2022, in which he visited once but did not inspect the documents.
DECISION:
Keeping in view the facts of the case and the submissions made by the Respondent and on the perusal of the documents on record, the Commission directs the CPIO to again offer inspection of the Records/Documents, to the Appellant, pertaining to the RTI Application, at a mutually convenient date and time within 21 days from the date of receipt of this order. The Commission also directs the CPIO to depute a responsible officer to assist the Appellant during the inspection and provide to him copies of selected documents to the Appellant as per the Rule 4 of the RTI Rules, 2012 strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act 2005.
The Appeal stands disposed of accordingly.
(Uday Mahurkar)
Information Commissioner
Citation: Mr. Rahul Gupta v. Delhi Development Authority, CIC/DDATY/A/2022/619209-UM; Date of Decision: 02.11.2023