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केन्द्रीय सचूना आयोग Central Information Commission बाबा गगंनाथ मागग, मनुनरका Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi - 110067 नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2024/800003.
Shri Som Nath Sharma. … अपीलकताग/Appellant VERSUS/बनाम
PIO,
UT of Jammu and Kashmir. …प्रनतवािीगण /Respondent Date of Hearing : 09.12.2024 Date of Decision : 09.12.2024
Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:
RTI application filed on : 15.06.2023 PIO replied on : 01.08.2023 First Appeal filed on : 09.08.2023 First Appellate Order on : 22.09.2023 2ndAppeal/complaint received on : 22.01.2024
Information sought and background of the case:
The Appellant filed an RTI application dated 15.06.2023 seeking information on following points:-
"1. My letter S No SNS/RKJ/LKT/SBN/2023/1090-91 Dated: 09-01- 2023 to (AIG) 5.Gurmeet Singh Ghuman Assistant Inspector General (Policy), and DVO Rajouri's Certified copy of Report 9 pages Letter No- DCR/2022-2023/DVO/960-63 dated 16-11-20-22 what action was taken, to which officer he went and for how many days he stayed and what action was taken by that officer, complete Report and information should be made available 2. Information should be made available that there can be mutation of the same land and account number thrice. 3. Information should also be provided that land can be bought and mutated in the name of a dead person. 4. Can a person die twice within the same year and his heirs can have two mutations. Correct information should be provided. 5. Proper information should be made available on how the mutation of the heirs of Narsingh Das happened without any chain mutation, not being in the record 6. All Mutation No. 9, 22, 25, 46, 56 were testified by Dinanath, son of Narsingh Das. Apart from Dinanath, there is no signature of any other relative or co- relative on any mutation. Would the Revenue Department have acted verbally at the behest of the same person without any record?
Information to be provided. 7. In Mutation No-22, the total land is 163 Kanal 19 Marle, but in Mutation, the total land is 144 Kanal 06 Marle, 1 / 5
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the army took the land on rent. From which it is clear that the game was played to get the army-rent. I should be given complete information about this: (1) After the death of Narsingdas, mutation no-9, account no- 66, 30 kanal 6 marle was done in the names of Bhimsen and Dinanath.
(ii) Where is the previous chain record of Narsingdas, how did Bhimsen and Dinanath get mutation without any record.
Etc."
The CPIO, Anti-corruption Bureau, J&K vide letter dated 01.08.2023 replied as under:-
"Please refer your RTI application so received from CPIO ACB All Branches Jammu on 24.07.2023 whereunder it was asked to furnish information pertaining to points no. 1 & 9 (copy enclosed). In this regard, it is to intimate that your complaint received through e-mail against officers/officials of Revenue Department of Tehsil Sunderbani District Rajouri was referred to Dy Commissioner Rajouri vide this office letter No. ACB-Rev-NG-170/19-11200 dated 09.09.2019 for detailed report (copy enclosed). The subsequent correspondence so pertaining to this matter so made from your end stands looked into this matter. After receipt of report dated 16.11.2022 from Addl. Dy Commissioner Rajouri, the same was examined in this Bureau, pursuant to which the concerned DVO has been requested on 26.07.2023 (copy enclosed) to identify the responsible officers/officials and furnish their full particulars to this Bureau at an earliest so that further action under rules may be taken against them. This information is in response to points no. 1 & 9 as asked for."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.08.2023. The FAA, Anti-corruption Bureau, J&K vide order dated 22.09.2023 stated as under:-
"On consideration of record together with information provided by CPIO, it has been observed that appellant appears to be aggrieved of inaction on part of ACB qua his complaint relating to manipulation of revenue record of his ancestrel land. against which a complaint stands filed. However, record available is suggestive of the fact that consequent to report of above said complaint, ACB appears to have taken cognizance of matter by forwarding said complaint to Dy. Commissioner vide letter No. ACB-Rev-NG-170/19-11200 dated 09-09-2019, inter alle specifying main allegations for a detailed report within a month. Record further reveals that concerned department in response has submitted a report, on examination of which, it has been observed by ACB that clear manipulation of revenue records has taken place in the cultivation column of the khwat No. 5 Jamabandi for year of 1958-59 wherein the half share of other owners (ie. Lachman Dass or his legal heirs) has been neglected/ignored by the then revenue officials of Loharkote for giving undue benefit to the beneficiaries Dina Nath and Bhim Sen". Accordingly concerned DVO (Addl. Commissioner) has been requested to identify the officers/officials responsible for manipulation of record. On analysing that factual aspects discussed here-in-above together with information sought and response of CPIO, it has been found that reply/response provided by CPIO is in tune with information provided to 2 / 5
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him and nothing seems to have been suppressed or concealed, hence, does not invoke any interference. Appeal is disposed off accordingly." Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 21.10.2024 has been received from the Appellant and same has been taken on record for perusal.
Written submission dated 11.11.2024 has been received from the CPIO, ACB and same has been taken on record for perusal. The relevant extract whereof is as under:
4. That the RTI applicant being not satisfied with reply of this office, filed Appeal which was received by First Appellate Authority. The same was disposed of on 22.09.2023 as per law / rules governing the subject. The First Appellate Authority ACB J&K has disposed off the appeal that the reply/response provided by CPIO is in tune with information provided to him and nothing seems to have been suppressed or concealed, hence does not invoke any interference.
5. That the appellant/applicant had sought the information under various RTI applications from time to time and same were disposed of well in time,
6. That the present status of DVO matter is "DVO matter No. REV- NG170/19 which was initiated on the complaint of Som Nath Sharma against officers/officials of Revenue Department of Tehsil Sunderbani, District Rajouri and subsequently referred to DY Commissioner District Rajouri for report. The report into the matter was received and after examination it has been found that the clear manipulation of revenue records has taken place in cultivation etc. The decision was taken by this Bureau to refer the matter to Crime Branch J&K for further action. The copy of forwarding letter also provided to applicant.
Facts emerging in Course of Hearing:
Appellant: Present in person.
Respondent: Ms. Ritu, Sr. Prosecuting Officer, CPIO, ACB-HQ, Mr. Anshuman Dubey, Chief Prosecuting Officer, ACB, Jammu and Mr. Ameen Malik, Jr. Assistant, DC Office - participated in the hearing through video- conferencing.
The Appellant stated that the relevant information has not been furnished to him till date. He stated that the Anti Corruption Bureau has not taken any action on his complaint.
The Respondent reiterated the averment made in their written submission and stated that the relevant information from their official record has been duly provided to the Appellant. Ms. Ritu apprised the Commission that the report into the matter was received and after examination it has been found that the clear manipulation of revenue records has taken place in cultivation 3 / 5
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etc. The decision was taken by this Bureau to refer the matter to Crime Branch J&K for further action.
Decision:
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly. Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मखु्य सचूना आयकु्त) Authenticated true copy
(अनिप्रमानणत सत्यानपत प्रनत)
S. K. Chitkara (एस. के. नचटकारा)
Dy. Registrar (उप-पंजीयक)
011-26186535
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Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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