STATE INFORMATION COMMISSIONER, HARYANA
SCO 114-115, SECTOR 8-C, Chandigarh.
Appeal Case No. 5954 of 2015
Right to Information Act – under Section - 19
Name of the Apellant / : / Shri Sartaj Singh s/o Shri Gurdev Singh R/o Village Bandrala, Tehsil Assandh, Distt.Karnal.Name of the Respondent / : / 1.SPIO-Block Dev. & Panchayat Officer, Assandh, Distt. Karnal.
2.FAA-District Dev. & Panchayat Officer, Karnal.
RTI application filed on / : / 3.12.2014
SPIO replied on / : / 11.12.2014
First Appeal filed on / : / 25.3.2015
First Appeal decided on / : / 25.5.2015
Date of Second Appeal / : / 2.7.2015
Date of Hearing / : / 17.9.2015
State Information Commissioner / : / Shri Samir Mathur
ORDER
This case had been fixed for hearing through video-conferencing. The Appellant, Shri Sohan Lal General Assistant authorized representative office of BDPO Assandh are present in the VC Room at Karnal.
2.The Appellant filed his twenty-four points’ Application dated 3.12.2014 under the RTI Act,2005 before the SPIO-BDPO seeking certified copy of detail of patta of panchayati land, manrega, proceding register, detail of BPL families, development works undertaken, village pond etc. in respect of Gram Panchayat Bandrala. Not satisfied with the response of the SPIO, the appellant filed Appeal dated 25.3.2015 before the First Appellate Authority. Aggrieved with the response of the SPIO and decision of the FAA, he filed Second Appeal dated 2.7.2015 before this Commission, which had been fixed for hearing today before this bench.
3.The Appellant informed the Commission that he had received information on 17 points out of 24 asked by him in the end of August. He did not receive replies on 7 points, this included Point No.24 and Point No.21.
4.The Respondent who was authorized by the BDPO to represent him in the hearing, stated that the record had been received from the Sarpanch and was now available with the BDPO. The information is available and the same shall be provided to the Appellant. The Appellant also complained that the information received by him so far did not have any attestation or authentication.
5.After due consideration, the Commission gives the following directions to dispose of this Appeal :-
i)It is observed tha this Appeal had been remanded to the DDPO by the Commission and as per material on file, the DDPO had fixed the hearing of the remand for 4.6.2015. The Appellant has stated that he appeared before the DDPO and had his statement recorded, but did not receive any information thereafter. The Commission makes adverse observation regarding the inaction of the DDPO. He is duty-bound to convey his decision to the Appellant and to any other Respondent in the case. Nevertheless, it is clear that the information on most of the points has been received by the Appellant and as per the Respondent, there was no malafide or deliberate intent not to provide the informaton which in any case was very voluminous and would have taken long time to prepare. Moreover, the BDPO vide his order dated 10.2.2015 has referred to the shortage of Gram Sachiv. As such, the Commission would not proceed formaly with the delay factor but would strongly warn the DDPO,BDPO as well as the Sarpanch to be more alert in dealing with the RTI Application.
ii)The Appellant shall by 23.9.2015 inform the BDPO in writing of the points which have remained unanswered in his RTI Application.
iii)In view of the Election of the Panchayat in this village on 4.10.2015,a margin is being given for replying to the rejoinder of the Appellant. As such, the BDPO shall provide the remaining information piontwise to the Appellant by 14.10.2015. This shall be done through registerd post.
iv)The Appellant shall be given each copy of the information duly attested by an officer authorized by the BDPO or the BDPO himself. For this, the Appellant shall be free to visit the BDPO office between 10.10.15 to 14.10.15 for having his papers duly attested from the BDPO. The Commission shall take serious note of non attestation of information.
Heard. Announced. To be communicated also.
Sd/-
Place :Chandigarh (Samir Mathur)
Dated:17.9.2015 State Information Commissioner,
Haryana