W.P.(C)/5108/2024 of RAJEEV Vs SUB-REGISTRAR-I KASHMIRI GATE DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5108/2024

RAJEEV

..... Petitioner

Through: Mr. Deepak Biswas and Ms. Varsha Agarwal, Advocates.

versus

SUB-REGISTRAR-I KASHMIRI GATE DELHI ..... Respondent

Through: Mr. Karn Bhardwaj, ASC with Mr. Shubham Singh and Mr. Rajat Gaba, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R R% 08.04.2024

CM APPL. 20937/2024 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 5108/2024

1.The present Writ Petition has been filed by the Petitioner seeking enforcement of the Order dated 14.12.2023, passed by the Central Information Commission. The CIC vide the impugned Order has disposed of the appeal filed by the Petitioner and has observed as under: “Decision:

At the outset the Commission expresses severe displeasure against the concernedCPIO for his conduct by neither attending the hearing in person nor deputing anofficer who is immediate junior to him. Accordingly, the Commission admonishesthe CPIO for

his casual approach by sending Junior Assistant to attend thehearing who is completely unprepared and unaware of the facts of the instantcase. In future if the CPIO cannot attend the hearing due to the some urgency, theCPIO is advised to make appropriate submissions before the Commission prior tothe date of hearing and depute only responsible and senior officials who canassist in the hearing and avoid vitiating the proceedings. Hence, the concernedCPIO is being warned on this count and the Commission advises the concernedCPIO not to repeat the same in future.Be that as it may, after hearing both the parties and considering the factualbackground of the case, the Commission takes an adverse view of the fact thateven after the direction passed the First Appellate Authority vide order dated15.11.2022, the CPIO did not take any initiative to send proper response to theAppellant. The Respondent is advised to be more proactive in future whilehandling RTI matters and readily provide information to the information seekers Hence the Respondent is directed to provide revised reply furnishing accurateinformation to the Appellant within four weeks of receipt of this order and acompliance report in this regard should be submitted before this Commission by30.01.2024.

The present CPIO is further directed that while complying with the directions ofthe Commission, all the personal information/identifying particulars of any thirdparties should be adequately redacted/blackened out. The Commission furtherdirects the present CPIO that no information shall be disclosed to the Appellantwhich is exempted from disclosure under the provisions of Section 8 and 9 of theRTI Act.”

2.Section 20 of the Right to Information Act, 2005 gives adequate powers to the CIC to enforce its directions by imposing penalties. It is open

for the CIC to stated that despite passing orders there is wilful default on the part of the CPIO and thereby penalty can be imposed on the CPIO to the tune of Rs.250/- each day till application is received or information is furnished not exceeding twenty-five thousand rupees.

3.In view of the above, it is open for the Petitioner to approach the CIC

by filing an application for enforcement of the Order dated 14.12.2023.

4.As and when and if and when such an application is filed by the Petitioner, the CIC is directed to dispose of the said application as expeditiously as possible.

5.With these directions, the Writ Petition is disposed of along with the pending applications. pending applications.

6.It is made clear that this Court has not made any opinion of the merits of the case.

7.Liberty is granted to the Petitioner to approach this Court if need arises in future.

APRIL 8, 2024Rahul

SUBRAMONIUM PRASAD, J