Abhishek v. Assistant Controller (F & A) Rents

2. Copy of rule applicable either for calculation of licence fee from the date of occupation or for full amount of Licence fee in 1st month for any govt. Accomodation. Under your control.

3. Vide your above letter, you have taken rs.4560 for jan, 2023 including penalty of rs.55350 (20000 and 35350). Please inform the total amount of license fee received in your office only for the month of Jan, 2023.

4. Date of diary of schedule or voucher or bill in your office of my license fee of Jan 2023 whose reference has been attached.

5. Detailed calculation of amount of rs.55350 of license fee.

6. Copy of letter issued/reply by your office to the letter received in your office through EEPH-1 on my letter dated 11.04.2023 with subject Regarding refund of excess license fee."

2. Aggrieved with the non-receipt of a reply to the RTI Application, the Appellant filed a First Appeal dated 30.03.2024, before the FAA, UT of Chandigarh- Rent Controller Office. The FAA's order, if any, is not available on record.

3. Further aggrieved with the non-receipt of the FAA's order and the desired information, the Appellant approached the Commission with the instant Second Appeal dated

20.09.2024.

Hearing Proceedings & Decision

4. The Appellant remained absent during the hearing despite due service of notice. On behalf of the Respondent, Lakhbir Singh, SO & CPIO, attended the hearing through video conference.

5. The Respondent at the outset tendered their unconditional regret, and placed on record their written submissions dated 20.01.2026, as under:

"3. That due to technical issue while login into the RTI portal, RTI application could not be retrieved well in time.

Page 2 of 4 Second Appeal No. CIC/ACFAR/A/2024/642141

2 / 5

2

4. That immediately upon retrieval of the RTI application, the requisite information was provided by the then CPIO to the appellant vide Memo No. CPIO/RTI/2024/1544 dated 22.10.2024 which is as under:

'1. Copy of calculation sheet is attached.

2. The licence fee is charged as per House Allotment Rules, 1966 which are available on e-Awas portal.

3 & 4. Calculation sheet as well as sheet showing rent received as downloaded from e-Awas portal is attached.

5. Calculation sheet is attached.

6. Copy of letter is attached.'

6. The Commission after adverting to the facts and circumstances of the case, observes that although the Appellant has been provided information as per the provisions of the RTI Act, the CPIO has failed to adhere to the time limit prescribed under the RTI Act for providing the said reply. It is appalling to note that the RTI Application was left unattended citing technical issues, that supposedly lasted several months. This delay is thus viewed seriously. Further, the FAA has also prima-facie failed to decide the instant First Appeal and as such abdicated its statutory duty under the RTI Act to decide the instant First Appeal, which renders the channel of First Appeal redundant.

7. Needless to observe that, the instant second appeal is found to be time barred and no prayer for condonation of delay has been filed.

8. A copy of this order is endorsed to the FAA to take note of the above observations of the Commission and to ensure that First Appeal(s) are decided as per the mandate of the RTI Act, without fail.

9. The Appeal is dismissed accordingly. Page 3 of 4 Second Appeal No. CIC/ACFAR/A/2024/642141 3 / 5

3

A copy of the decision be provided free of cost to the parties. Sd/-

(Raj Kumar Goyal) (राज कुमार गोयल)

Chief Information Commissioner (मुƥ सूचना आयुƅ) िदनांक/Date: 30.01.2026

Authenticated true copy

Bijendra Kumar (िबजŐū कुमार)

Dy. Registrar (उप पंजीयक)

011-26186535

Page 4 of 4 Second Appeal No. CIC/ACFAR/A/2024/642141 4 / 5

4

Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org) 15 / 15

5