CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 F.No.CIC/SA/C/2014/000013-YA Date of Hearing Date of Decision : : 02.02.2015 02.02.2015 Complainant : Shri Lakhan Singh Delhi Respondent : South Delhi Municipal Corp. Delhi Information Commissioner : Shri Yashovardhan Azad : : : : : 18.03.2013 No reply 23.04.2013 No order 17.12.2013 Relevant facts emerging from complaint: RTI application filed on PIO replied on First Appeal filed on First Appellate Authority (FAA) order on Complaint received on Information sought: The complainant sought information regarding the allotment of tehbazari sites to eligible candidates under tehbazari scheme 2002 as per the orders of the Supreme Court. Relevant facts emerging during hearing: None present. The appellant had filed an RTI application on 18.03.2013, seeking the above information. On not receiving any reply within the prescribed time period, the appellant filed first appeal. The FAA did not dispose of the first appeal. Decision: On perusal of record, the Commission issues a show cause notice to the present PIO, Licensing Department for not providing information to the appellant, within prescribed time. He is further directed to send a copy of this order to the erstwhile PIO, Licensing Department, who did not provide information to the appellant within prescribed time in response to the RTI application dt. 18.03.2013 and any other official(s) responsible for obstructing the flow of information in violation of the provisions of the RTI Act. PIOs are afforded an opportunity of personal hearing on 09.03.2015 at 4:00 PM on which date they must present themselves before the Commission. Written submission, if any, should reach the Commission by 02.03.2015 positively. A copy of this order be sent to the erstwhile PIO, Licensing Department by the present PIO, Licensing Department, with the intimation to be present before the Commission on the said date & time. The FAA has not disposed of the first appeal in the instant complaint case. It is an established fact that orders passed by the CPIO and the Appellate Authority are quasi-judicial orders. The FAA has got wide range of quasi-judicial powers under the RTI Act, to go into the aspects like whether CPIO has given correct reply, whether he has applied the provisions of the Act, etc. while disposing the appeal by passing a speaking order. In the instant case, the FAA has failed to exercise his quasi-judicial power. The Commission, therefore, cautions the FAA to strictly follow the RTI regime while disposing of appeals and pass a speaking order, after taking due cognizance of merits of each case. The complaint is disposed of accordingly. (Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission. (B.D. Harit) Deputy Secretary & Deputy Registrar