Decision No. CIC/SA/C/2014/000013-YA dated 02-02

August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
Date of Hearing
Date of Decision
Shri Lakhan Singh
South Delhi Municipal Corp.
Information Commissioner
Shri Yashovardhan Azad
No reply
No order
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.
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