VERSUS

Delhi High Court · 05 Sep 2018 · 2018:DHC:9272
HON'BLE MR. JUSTICE VIBHU BAKHRU; 05.09.2018 C.M. Nos.35997/2018 & 35998/2018 in WP(0 No.9313/2018; C.M. Nos.36043/2018 & 36044/2018 in WP(C) No.9321/2018; Allowed, subject to all just exceptions.; The applications are disposed of.; WP(C> No.9313/2018 WP(
WP(C) No.9321/2018
2018:DHC:9272
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the petition challenging the CIC's order rejecting RTI appeals, holding that information not available on record need not be provided and no malafide or deliberate delay was found.

Full Text
Translation output
4,- HIGH COURT OF DELHI
W.P.(CI 9313/2018
AMIT SHUKLA ....Petitioner
Through Mr. Sandeepan Pathak and Mr. Rohin Oza, Advocates.
VERSUS
Respondent.
CENTAL PUBLIC INFORMATION OFFICER
Through AND
W.P.(CI 9321/2018 ....Petitioner
Through Mr. Sandeepan Pathak and Mr. Rohin Oza, Advocates.
AMIT SHUKLA
VERSUS
Respondent CENTRAL INFORMATION COMMISSION
Through
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
05.09.2018 C.M. Nos.35997/2018 & 35998/2018 in WP(0 No.9313/2018
C.M. Nos.36043/2018 & 36044/2018 in WP(C) No.9321/2018
Allowed, subject to all just exceptions.
The applications are disposed of.
WP(C> No.9313/2018 WP(C1 No.9321/2018 1.
2.
The petitioner has filed the present petitions, inter alia, impugning order dated 25.01.2018 (hereafter ‘the impugned order’) passed by the
Central Information Commission (hereafter ‘the CIC’) rejecting the an
3.
2018:DHC:9272 ! appeals/complaints preferred by the petitioner. The petitioner had filed application dated 17.05.2016 under the Right to Information Act, 2005
(hereafter ‘the Act’), inter alia, seeking the following information;
Kindly provide me certified copy of my service book pages / service record where my educational, professional & technical qualifications have been mentioned. an
“(1)
ORDER

(2) Kindly give me the details of leave balance i.e. EL, Medical, CL etc. as on 06/10/2011 at the time of resignation from the High Court, Indore from the Post of Stenographer.”

4. The petitioner had also filed another application dated 08.04.2016, inter alia, seeking the following information:

“I. Kindly provide me the certified copy of my service book pages where my educational, professional and technical qualifications have been mentioned.

2. At the time of joining in Recruitment Section alongwith other forms I. had filled DAEEFRS form on 07.10.2011 but till today I have not got any information regarding DAEEFRS form and no number/account number thereof has yet been communicated. When I inquired about it in Recruitment Section I was informed that immediately after joining all your documents alongwith DAEEFRS form were sent to Establishment Section. So kindly give me the certified copy of DAEEFRS form which I filled at the time ofjoining in 2011 and also inform me what action has been taken in connection with my DAEEFRS form so far and give me the certified copy ofDAEEFRS number/account number.” # There is no dispute that the petitioner has been provided the copies of

5. I He has also been provided the details of his leave. However, learned counsel appearing for the petitioner submits that the said information was not provided within time, petitioner has not been provided a copy of the DAEEFRS form which was filled by him at the time ofjoining service in 2011. Since the information regarding the service book and the leave availed, as sought for by the petitioner, have been provided, the said issue does not arise for consideration in these petitions. Insofar as DAEEFRS form is concerned, the petitioner was informed by a communication dated 28.04.2016 that the same is not available. Aggrieved by the aforesaid communication, the petitioner had preferred an appeal under Section 19 of the Act which was disposed of by the First Appellate Authority (FAA) by an order dated 29.06.2016. In the said order, FAA had clearly held as under: “In the second query of the original RTI application, the appellant has asked for copy of his application form for DAEEFRS. The application form is not available on record and hence PIO, RRCAT has replied accordingly. The appellant‘may also note that no recovery from his salary has been made towards DAEEFRS since his appointment in RRCAT.” It is apparent from -the above that the information regarding DAEEFRS form has not been provided to the petitioner since the same is not available. his service book. He further states that the 6. I'

7. ^3

8. The only question that remains to be considered is whether CIC was required to take any action on the complaints filed by the petitioner. In this

9. M regard, CIC had come to the conclusion that the delay in providing information was not deliberate and there was no malafide attributable to the respondent.

10. This Court finds no infirmity with the aforesaid view.

11. The petitions are, accordingly, dismissed. The pending applications are also disposed of '1 VIBHU BAKHRU, J SEPTEMBER 05, 2018 dr c