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Appeal No.:-CIC/SB/A/2016/000507-BJ

Appellant : Mr. Rahul Mohod, House No. 02, Block No. 26, Himmat Puri, Behind Mayur Vihar Police Station, Phase- I, 110091

Respondent : I. CPIO, Govt of NCT of Delhi, O/o the Divisional Commissioner, Revenue Department, RTI (HQ), 5, Sham Nath Marg, New Delhi-110054

II. CPIO, SDM-VI (HQ), Govt of NCT of Delhi, Revenue Department, C.C. Section, Room No. 206, B- Block, 5, Sham Nath Marg, New Delhi-110054

III. CPIO, SDM (HQ), East Delhi Revenue Department, L.M. Bundh, Shastri Nagar, Delhi- 110031

Date of Hearing : 02.02.2017 Date of Decision : 02.02.2017

Date of filing of RTI applications 28.07.2015 CPIO’s response 03.08.2015, 24.08.2015 and 02.09.2015 (All Transfers) Date of filing the First appeal 27.10.2015 First Appellate Authority’s response 30.11.2015 Date of diarised receipt of second appeal by the 11.03.2016 Commission

O R D E R

FACTS :

The appellant, vide his RTI application sought information on 5 points regarding copy of application form for getting caste certificate for SC/STs applicable in NCT Delhi, copy of format of caste certificate (converted SCs/STs in Buddhism) for Buddhist applicable in NCT Delhi, entitlement of persons belonging to “Mahar” caste (notified in State Serial No. 37) upon their migration to Delhi to

Page 1 of 3 avail of the benefits of SC, format of the caste certificate (converted SCs/STs in Sikhism) for Sikhism applicable in NCT Delhi and issues related thereto.

The CPIO, RTI, HQ vide his letter dated 03.08.2015 transferred the RTI application to PIO, SDM-VI (HQ)/ CCS who transferred it to SDM (HQ), East District, Revenue Department vide letter dated 24.08.2015, who in turn transferred the RTI application to the PIO/SDM (Mayur Vihar) vide letter dated 02.09.2015. Dissatisfied on not receiving any satisfactory response, the appellant approached the FAA. The FAA, vide its order dated directed the PIO to provide the information within 15 days from the date of order.

HEARING: Facts emerging during the hearing: The following were present: Appellant : Mr. Rahul Mohod (M: 9811158327/9968343070); Respondent : Mr. Virender Singh, SDM (HQ), 5-Sham Nath Marg, New Delhi (M: 9971465959); Mr. Tara Chand, Tehsildar, Mayur Vihar, New Delhi (M: 9871488967) and Mr. Loknath Sahu, U. D. C. (M: 9911118127);

The appellant reiterated the contents of RTI application and stated that he had sought information seeking copy of the application form for getting caste certificate for SCs/STs applicable in NCT of Delhi, copy of format of caste certificate (converted SCs/STs in Buddhism) for Buddhist applicable in NCT of Delhi, clarification regarding the entitlement of the person belonging to Mahar Caste (notified in Maharashtra State Sl. No. 37) having migrated to Delhi being eligible to get all benefits of SC from Government of NCT Delhi, copy of the format of caste certificate for Sikhism applicable in NCT Delhi etc. It was argued that he had made a number of representations on the above subject matter since 2010 and had been knocking at the doors of various Delhi Government Officials without any tangible results. The present RTI application had also been shuttling to various divisions in Delhi instead of providing reply. The respondent explained that the RTI application of the appellant was transferred to SDM, Mayur Vihar primarily with the intention that the caste certificates are verified and issued by the local district authorities and head quarter did not have any role to play in the matter. The procedural formalities are also fulfilled at the local level itself. The appellant contested the reply of the respondent and vehemently argued that the respondent had not even read the RTI application carefully and instead had been harassing him by evading replies. He categorically demanded imposition of penalty on the respondent for not adhering to the time lines stipulated in the RTI Act, 2005 in furnishing its reply. On perusal of the records it is observed that no reply had been furnished by the PIO despite the order of the FAA dated 30.11.2015 which is a matter of grave concern. The respondent admitted the delay in replying to the RTI application primarily, due to the reasons stated above.

The Commission observed that there is complete negligence and laxity in the public authority in dealing with the RTI applications. It is abundantly clear that such matters are being ignored and set aside without application of mind which reflects disrespect towards the RTI Act, 2005 itself. The Commission expressed its displeasure on the casual and callous approach adopted by the respondent in responding to the RTI application. It was felt that the conduct of respondent was against the spirit of the RTI Act, 2005 which was enacted to ensure greater transparency and effective access to the information. It was noted that the RTI Application had been shuttling from one division to another without any clarity on the competent authority vested with the mandate to reply to the RTI queries. The

Page 2 of 3 manner in which this RTI application had been dealt with speaks volumes of the lackadaisical and sloppy approach adopted by the concerned officials in handling RTI matters.

DECISION

Keeping in view the facts of the case and the submissions made by both the parties, it is evident that no reply had been provided by the respondent in the matter, which is a grave violation of the provisions of the RTI Act, 2005. The Commission, instructs the CPIO (HQ), 5-Sham Nath Marg, New Delhi to showcause why action should not be taken under the provisions of the Act for this misconduct and negligence. The Commission therefore, directs the respondent to: 1- provide the information to the appellant within a period of 15 days; 2- explain why penal action should not be taken as per Section 20(1) of the RTI Act, 2005, within 20 days; from the date of receipt of this order. A copy of the judgment is being endorsed to the , Government NCT of Delhi to devise a robust institutional mechanism for dealing with RTI applications within the stipulated time period.

The appeal stands disposed with the above direction.

(Bimal Julka) Information Commissioner

Authenticated True Copy:

(K.L.Das) Deputy Registrar

Copy to:

1- The Chief Secretary, Government of NCT of Delhi, 5-Sham Nath Marg, New Delhi - 110054

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