The failure to issue a reasoned order by the First Appellate Authority under the RTI Act constitutes a deprivation of statutory rights.

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/MCDND/A/2024/109760 Mohd Taj .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, Assistant Commissioner-City S.P. Zone, Municipal Corporation of Delhi, City S.P. Zone, Old Hindu College Building, Kashmere Gate, Delhi–110006. ….(cid:29)ितवादीगण /Respondent Date of Hearing : 14.10.2025 Date of Decision : 16.10.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 10.08.2022 PIO replied on : 19.09.2022 First appeal filed on : 13.10.2022 First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 26.03.2024 Information sought:

1. The Appellant filed an RTI application dated 10.08.2022 (offline) seeking the following information:

“I am a party to the above portion of property No 856/XI Haveli Azam Khan Chitli Qabar, Delhi – 110006.

Please favor me with the following information:-

1. According to your record please tell me property portion 856/XI, when the sealing department sealed the unit-

I Basement portion, II ground floor portion III Mezzanine floor portion, IV First floor portion or V any other portion.

2. Please give me the photostat copies of all the photographs taken during the time of sealed the unit.

3. Tell me the date when the sealing department sealed the unit.

4. After sealing the unit, the sealing department issued the notice to BYPL< BSES department to cut the supply of electricity and the notice issued to Delhi Jal Board department to cut the supply of water of sealed units. Please give me the photo state copies of notice issued to both the department.

5 Please give me the photo state copies of application with other documents attached with application the person who is given the application for de-sealing the unit.

6 Please give me the photo state copy of notice given by the department to the applicant regarding the de-sealing the unit.”

2. The PIO furnished a point-wise reply to the Appellant on 19.09.2022 stating as under:

“1. As per available record, only Ground Floor of the Property bearing no. 856/XI, Haveli Azam Khan, Chitli Qabar. Delhi was sealed during the sealing drive.

2. Photocopy of photographs taken during the sealing drive, is enclosed herewith.

3. The property in question was sealed on 13.09.2018.

4. No such record is available with the department. 5. No such record is available with the department.

6. Photocopy of Sealing Notice and Sealing Order is enclosed herewith.”

3. Being dissatisfied, the Appellant filed a First Appeal dated 13.10.2022.

The FAA’s order is not on record.

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:- Appellant: Present in person.

Respondent: Shri Sunil Kumar Khrub, Assistant Section Officer, present in person.

5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 26.03.2024 is not available on record. The Respondent confirmed non-service.

6. The Appellant inter alia submitted that his first appeal was never adjudicated by the FAA and that no opportunity of hearing was provided to him. He further stated that certain information such as notices issued to the power and water supply departments, and applications for de-sealing, have not been provided.

7. The respondent while defending their case inter alia submitted that the reply furnished by the PIO was based on the available records of the department and that all relevant documents in possession had already been shared.

Decision:

8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that although the PIO furnished a reply on 19.09.2022, the First Appellate