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2025 Supreme(Online)(CIC) 2725

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, Information Commissioner
Aaman Gaurav – Appellant
Versus
PIO Office of the Deputy Commissioner, Central District – Respondent
CIC/REVDP/C/2024/604359



Advocates:
For the Appellant: None
For the Respondents: None

The CIC's role is limited to determining if information denial was made with mala fide intent; absence of such intent negates grounds for penalty.

Headnote:(A) The Delhi (Right of Citizen to Time Bound Delivery of Services) Act - Complaint filed under Section 18(2) of the RTI Act regarding issuance of caste certificates - Complainant fulfilled his objective by receiving the required certificate through another channel, and the PIO did not demonstrate mala fide intent or unreasonable conduct. (Paras 8, 9)

(B) RTI Act, 2005 - The role of the CIC is limited to investigating the nature of the denial of information and determining if there was any mala fide intent by the PIO. The court stated that a mere difference of opinion regarding the provision of information does not establish grounds for penalty under Section 20. (Paras 9, 10)

Facts of the case:
The complainant sought information regarding delays in issuance of caste certificates for his sons via RTI, eventually receiving the certificates after filing an appeal.

Findings of Court:
The Commission found no mala fides established; the case is not required for intervention considering the fulfillment of the objective. The Commission admonishes the PIO for absence.

Issues: The main issue was whether the PIO acted with mala fide intentions in not responding to the RTI application.

Ratio Decidendi: The court articulated that no penalty can be imposed on the PIO in the absence of established mala fide intentions.

Result: Complaint disposed of accordingly.

Table of Content
1. complainant's application for caste certificates and subsequent complaint process. (Para 1 , 2 , 3 , 4 , 5)
2. cic's role regarding malafide actions and reasonings in the absence of information. (Para 8 , 9)
3. final observations and caution regarding the conduct of the pio. (Para 10 , 11)

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/REVDP/C/2024/604359 Aaman Gaurav ….िशकायतकता(cid:18) /Complainant VERSUS बनाम PIO Office of the Deputy Commissioner, Central District, 14, Daryaganj, New Delhi – 110002 ….(cid:27)ितवादीगण /Respondent Date of Hearing : 14.07.2025 Date of Decision : 14.07.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from complaint:

RTI application filed on : 23.10.2023 CPIO replied on : Not on record First appeal filed on : 28.11.2023 First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 01.02.2024 Information sought:

1. The Complainant filed an RTI application dated 23.10.2023 (online)

seeking the following information:

“1. I had applied for Issuance of Caste (SC) Certificates of my minor sons namely 1. EKALAVYA HARIT and ATHRV HARIT vide application nos. 90510000951164 & 90510000951479 dated 26.09.2023 respectively. On 29.09.2023, I had also produced the original documents with photocopies before concerned dealing person namely Mr. Jitender for comparison with scanned documents, who found no deficiency of any documents. Thereafter, he also got my signed upon the photocopies of compared documents. Please tell me the daily progress made on my applications so far. i.e. when did my application reach which officer, for how long did it stay with that officer and what did he/she do during that period? Please give the names and designations of the officials who were supposed to take action on my applications and who have not done so?

2. What action would be taken against these officials for not doing their work and for causing harassment to the public and willfully neglect their official obligation towards weaker sections of society? By when would and which provisions that action be taken against the erring officer?

3. What is the stipulated time limit to issue the caste certificate (SC) as per provisions of The Delhi (Right of Citizen to Time Bound Delivery of Services) Act and rules?

4. Provide the details and status of all the application forms which were received for issuance of caste certificate (SC) since January 2023 till 23 October, 2023 and how many application forms are still pending for issuing which were received under above mentioned period. Also provide the reason for not issuing certificates (SC) within prescribed period.

5. Kindly pay compensatory cost for not issuing certificates in prescribed period under the provision of The Delhi (Right of Citizen to Time Bound Delivery of Services) Act and rules.”

2. Not having received any response from the CPIO, the complainant filed a First Appeal dated 28.11.2023. The FAA order is not on record.

3. Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint. Relevant Facts emerged during Hearing:

4. The following were present:- Complainant: Present in person.

Respondent: Not present.

5. The Complainant stated through he received the caste certificate for his son on 31.10.2023 through an alternate channel. However, he is aggrieved by the fact that it was not given to him in response to this RTI application. He prayed the Commission penalize the Respondent for such fault.

6. The Respondent remained absent during hearing despite prior intimation.

7. It is noted that the Complainant has not served a copy of the Complaint on the Respondents while the same before the Commission on 01.02.2024.

Decision

8. The Commission after adverting to the facts and circumstances of the case and perusal of the records noted that this case is a complaint filed under Section 18(2) the RTI Act where no further direction for disclosure of information can be given

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