1. The Applicant filed an RTI Application dt.5.7.11 with the PIO, O/oSDMIII(HQ), GNCTD seeking the following information: Kindly give list of all files and folders (Title and File No.) connected with the Delhi High Court Case in Civil Writ Petition No.713 of 2001 in the matter of V.Sudheer Vs Govt. of NCT of Delhi and in which various information as sent by all Sub Registrars in the year 2001/2002 regarding pendency/progress of their indexing and pasting work of registered documents was processed and consolidated for filing related affidavit in the Honble High Court. Shri. Shyam Sunder, PIO vide his letter dt.11.7.11 transferred the RTI Application to the PIOs of nine districts. On not receiving any reply, the Applicant filed an appeal dt.14.7.11 with the Appellate Authority. On still not receiving any reply, he filed a second appeal dt.19.8.11 before CIC. Decision
2. During the hearing, the Respondents submitted that the Appellate Authority had disposed off the first appeal vide his order dt.29.8.11 directing the SPIO(coord) to obtain information from wherever necessary and to supply the same to the Appellant. The Respondents also produced before the Commission a letter dt.18.11.11 from Shri Ravinder Kumar, PIO stating that the information is not readily available and that he will have to search the records and seeking 15 more days for furnishing the information.
3. Since information has not been as yet provided to the Appellant, the PIO is directed to provide complete information to the Appellant as available in the records. If the records are not traceable, the PIO to lodge an FIR on the missing file with the police and to share a copy of the same with the Appellant. In the case of nonavailability of records, the PIO is also directed to submit an affidavit to the Commission with a copy to the Appellant affirming the fact that the records containing the information sought are not traceable and that an FIR has also been lodged. The entire exercise to be completed by 25.12.11.
4. The Commission also directs the PIO to forward a copy of this order to the PIOs of nine districts with the direction to show cause as to why penalty u/s 20(1) should not be initiated against them for not responding to the transferred RTI Application within the stipulated time period . They may submit their written response to the Commission by 28.12.11.
5. The appeal is disposed off with the above directions. (Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar
1. Shri. Harjeet Singh B128, Pushpanjali Enclave Pitampura Delhi 110 034
2. The Public Information Officer Department of Revenue O/o Sub Divisional Magistrate 5, Sham Nath Marg Delhi 110 054
3. The Appellate Authority Department of Revenue O/o Additional Secretary (Revenue) 5, Sham Nath Marg Delhi 110 054
4. Officer in charge, NIC Note: In case, the Commissions above directives have not been complied with by the Respondents, the Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTIapplication, (2) copy of the Commissions decision, and (3) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what information has not been provided.