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2025 Supreme(Online)(CIC) 1247
CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
Ashish Kumar Sharma – Appellant
Versus
Revenue Department – Respondent
CIC/REVDP/A/2023/653411
Failure to respond to RTI requests constitutes a violation of rights under the RTI Act, necessitating accountability for PIOs.
Headnote:(A) Right to Information Act, 2005 - Sections 18 and 20 - Complainant sought information regarding notarized agreements and actions taken by notary officials - No response from the CPIO or First Appellate Authority - The Commission expressed displeasure at the inaction of the PIOs, which tramples upon the citizen's right under the RTI Act - The PIOs were called to show cause for their inaction. (Paras 1-2)
(B) Natural Justice - The Commission remanded the matter back to the First Appellate Authority for proper adjudication of the appeals, ensuring fair opportunity for both parties to present their case. (Paras 3-4)
Facts of the case:
The complainant filed RTI applications seeking certified copies of notarized agreements and information on the actions taken against the notaries for non-compliance with the RTI Act. No responses were received, prompting the complainant to approach the Commission.
Findings of Court:
The Commission found prima facie evidence of inaction by the PIOs, which infringed upon the complainant's rights under the RTI Act.
Issues: The main issues were the failure of the PIOs to respond to RTI applications and the lack of adjudication by the First Appellate Authority.
Ratio Decidendi: The Commission held that failure to provide information constitutes a violation of the RTI Act, emphasizing the importance of timely responses to RTI applications.
Result: The appeals were remanded back to the First Appellate Authority for adjudication on merits.
Information sought:
The Complainant/Appellant filed an RTI application dated 06.09.2023 (online) seeking the following information:
“Applicant have submitted the attached complaint to SDM dwarka with DD no(59071 on date 4th sept 23) against two notary officials for enquiry.
Applicant want the reply as per rti act
1) applicant want the certified copy of both agreement which are attached with complaint and attested by two Notary officer along with all documents, registers, receipt number etc where notary officer have entered the business transaction entry as per mentioned notary after attasted. details are below-
A) Will agreement attested by surinder Kumar F17/5/84 on dated 12/09/2006
B) Family settlement agreement attested by rajendra jeet singh 072/06 on date 18/06/2010
2) Applicant want to know why both notary official have not entered all the entries after attasted from them in their database as per law. Applicant want the know the list of documents point wise along with their certified copy of all the documents/register/Note book/receipt number point wise which have used for record the transaction after attested
3) applicant want the reason for not mentioning the entry after attested the notary in above all the documents/register/NoteBook/receipt number etc as per para no 2
4) Applicant want to get the certified copy of action taking report of department on both the notary officers (Surinder kumar and ranjendra jeet singh) which have been maintained till latest date during the investigation for neglecting the notary act along with all applicable act for mentioned both aggreement.
5) Applicant want to know the place where Applicant can inspect the record of mentioned notary and get the certified copy of same
A) Will agreement attested by surinder Kumar F17/5/84 on dated 12/09/2006
B) Family settlement agreement attested by rajendra jeet singh 072/06 on date 18/06/2010
6) Applicant want to get the certified copy of form XV Under rule 11(2)
ALONG WITH ALL FORM WHICH SRE BEING FILLED AS PER LAW UNDER THE MENTIONED TRANSACTION AS PER LAW
A) Will agreement attested by surinder Kumar F17/5/84 on dated 12/09/2006
B) Family settlement agreement attested by rajendra jeet singh 072/06 on date 18/06/2010
7) Applicant want to know if below mentioned notary has been found in the notary register form XV as per rule 11(2) in record room. Applicant want the address where he can inspect the record and get the certified copy all documents related to attached agreement with complaint
A) Will agreement attested by surinder Kumar F17/5/84 on dated 12/09/2006
B) Family settlement agreement attested by rajendra jeet singh 072/06 on date 18/06/2010.”
Not having received any response from the CPIO, the complainant/appellant directly approached the Commission with the instant Complaint.
CIC/REVDP/A/2023/653414 Relevant facts emerging from appeal:
RTI application filed on : 06.09.2023 CPIO replied on : Not on record First appeal filed on : 14.10.2023 First Appellate Authority’s order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Appellant/Complainant filed an RTI application dated 06.09.2023 (online) seeking the following information:
“Applicant have submitted the attached complaint reff DD no(18169 on date 4th sept 23) against two notary officials for enquiry. Applicant want the reply as per rti act
1) applicant want the certified copy of both agreement which are attached with complaint and attested by two Notary officer along with all documents, registers, receipt number etc where notary officer have entered the business transaction entry as per mentioned notary after attasted. details are below-
A) Will agreement attested by surinder Kumar F17/5/84 on dated 12/09/2006
B) Family settlement agreement attested by rajendra jeet singh 072/06 on date 18/06/2010
2) Applicant want to know why both notary official have not entered all the entries after attasted from them in their database as per law. Applicant want the know the list of documents point wise
