The CIC asked the PIO to find a way of giving duplicate sales deed marked as original along with a certificate. This is the 191st in a series of important RTI judgements given by former Central Information Commissioner Shailesh Gandhi
The Central Information Commission (CIC), while allowing an appeal, directed the Public Information Officer (PIO) at Government of National Capital Territory of Delhi (GNCTD), to find a way of giving a duplicate registered documents marked as original to the appellant along with a certificate. The PIO had stated that they were not able to locate the original sale deed submitted by the appellant.
While giving the judgement on 8 July 2009, Shailesh Gandhi, the then Central Information Commissioner said, "As far as the Bench can see the papers may well have been stolen. The public authority appears to have failed in providing service to the appellant and it must find some way of giving the documents and relief to the appellant."
New Delhi residents, Neetu and Neeraj Kumar, on 25 February 2009, sought from the PIO information regarding sale deed that has been executed on 21 August 2007 by Mohan Swaroop in their favour. Here is the information they sought and the reply provided by the PIO...
1. Inform the date and dairy/dispatch no. by which the file was sent to higher authorities.
PIO's Reply- The file was send vide diary no3245 dated 23 August 2007 and again on 29 August 2007 vide no.3279
2. Inform the Name Designation and the complete address of the higher authorities to whom the file was sent.
PIO's Reply- Principal Secretary (Revenue)
3. Inform the efforts made by the department till 7 October 2008 to trace out the original sale deed.
PIO's Reply- All the record has been searched in the office. The matter has been again submitted before Worthy DC (South-West) to resolve the issue.
4. Inform the Name Designation and Posting Address of the erring officials who are responsible for non-delivering of Original Sale Deed to the Applicants till date.
PIO's Reply- As the matter is under process therefore the responsibility has not been fixed by the Department.
5. Inform the action taken/ initiated by the department against the erring official and also inform the outcome of the same.
PIO's Reply- -Do-
6. Inform the efforts made by the department to trace out the Original Sale Deed from 7 October 2008 to i.e. after giving the reply of RTI ID No.1259`
PIO's Reply- As mentioned in point no-'C'.
7. Inform that the department requires how much maximum time to deliver the Original Sale Deed to the Applicants?
PIO's Reply- The matter has been submitted before the Worthy DC (South-West) to resolve the issue and the order is awaited. The matter will be short out after having the directions from the higher authorities.
8. Inform the further course of action in case the Original Sale Deed is not found by the department.
PIO's Reply- -Do-
Not satisfied with the PIO's Reply, the Kumars then filed their first appeal, in which they stated, "It had been informed that the original sale deed was sent to higher authorities by SR-IX. The PIO had neither given the information sought nor gave any satisfactory reply for the same. After five months sale deed had not been delivered to the appellant."
In his order of First Appellate Authority (FAA) said, he was satisfied with the reply provided by the sub-registrar. "However," he said, "the case was more of grievance redressal. The grievance of the applicants was genuine and it was incumbent on the department to come clear on the issue and take necessary action to get their deed registered."
The FAA then directed the sub registrar to immediately put up a note to this effect within a week, so that final decision could be taken expeditiously.
The Kumars then approached the CIC with their second appeal. They said, "The reply of PIO is not at all satisfactory and very vague. The contents of the order of FAA were contrary to what was discussed/ ruled during the course of hearing of the appeal."
During the hearing, Mr Gandhi, the then CIC, observed that both Neetu and Neeraj Kumar had given documents for registration duly stamped with a stamp duty of Rs12,600 on 21 August 2007 and were seeking the registered documents.
"He (the appellants) has been made to run from pillar to post to get the registered documents and he therefore filed a RTI application on 25 February 2009 asking about the fate of this. The PIO has given a reply on 16 March 2009 effectively stating that they are not able to locate the papers. The PIO states that the papers are not available," the Bench noted.
Mr Gandhi said, "As far as the Bench can see the papers may well have been stolen. The public authority appears to have failed in providing service to the appellant and it must find some way of giving the documents and relief to the appellant."
While allowing the appeal, the Bench then directed the PIO to find a way of giving duplicate registered documents marked as original to the appellant along with a certificate stating that the original stamped document has been stolen/ lost.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/A/2009/001327/4031
Appeal No. CIC/SG/A/2009/001327
Appellant : Neetu & Neeraj Kumar,
Respondent : Pawan Kumar/ VVJ Rajasekhar,
Government of NCT of Delhi,
Office of the PIO/ADM (South-West),
Old Terminal Tax Building,
Kapashera, New Delhi 110029
In view of the need to ease the liquidity stress to micro, small and medium enterprises, the RBI decided to provide refinance of Rs5,000 crore to the SIDBI
Reserve Bank of India (RBI) said it will provide a refinance of Rs5,000 crore to Small Industries Development Bank of India (SIDBI) to ease liquidity issues faced by small, micro and medium enterprises (SMMEs) across the country.
RBI said that micro and small enterprises (MSEs) sector is employment intensive and it contributes significantly to exports. In order to ease liquidity stress of this sector, RBI decided to provide refinance of Rs5,000 crore to SIDBI under the provisions of Section 17(4H) of the Reserve Bank of India Act, 1934.
The liquidity support comes in the wake of slowdown in the economy which has resulted in liquidity tightness in a large number of MSEs in the manufacturing and services sector, particularly due to delayed settlement of receivables from large corporates, public sector undertakings and government departments.
The refinance will be available for direct liquidity support to finance receivables, including export receivables, to MSEs by SIDBI or for liquidity support to MSEs through selected intermediaries, that is, banks, non-banking financial companies (NBFCs) and state finance corporations (SFCs). The refinance will be available against receivables, including export receivables, outstanding as on 14 November 2013 onwards. The facility will be available at the prevailing 14-day term repo rate, for a period of 90 days. During this 90-day period, the amount can be flexibly drawn and repaid. At the end of the 90-day period, the drawal can also be rolled over. The refinance facility will be available for a period of one year up to 13 November 2014. The utilisation of funds will be governed by the policy approved by the Board of SIDBI.
Incremental credit to medium enterprises to qualify as priority sector lending
RBI also decided to include medium sector as eligible priority sector in order to enhance credit delivery of the medium sector. RBI to provide lending, incremental credit, including export credit, extended to the medium enterprises by the scheduled commercial banks (excluding Regional Rural Banks) over the outstanding credit as on 13 November 2013. The facility will be available up to 31 March 2014 and will be within the overall target of 40 %, said RBI in its press release.
Goa police had filed an FIR against Tehelka editor Tarun Tejpal and said it would press rape charges against him, if the complaint of the girl is substantiated
Goa police on Friday filed a first information report (FIR) against Tarun Tejpal, the editor of Tehelka magazine for alleged sexual harassment of a woman colleague about 10 days ago in the state.
OP Mishra, deputy inspector general of police had said the FIR has been filed, while DGP Kishan Kumar said that the crime branch could send a team of officials to Delhi for further investigation.
Yesterday, Goa chief minister Manohar Parrikar had ordered a preliminary inquiry into the allegations by the girl that she was sexually abused by Tejpal during an event in Goa.
The DIG said the CCTV footage was received from the five-star hotel last evening and was preserved and details of the incident can only be known after examining the footage.
Police have already written to the Tehelka management, asking for the documents, including e-mail of the victim and the statement by Tejpal. “We will go through all the details. We will press rape charges against him, if the complaint of the girl is substantiated,” Mishra said.
Goa Chief Minister Manohar Parrikar said attempt to rape charges have been pressed in the FIR against Tejpal. “I am yet to see the FIR copy. What I know is they have pressed attempt to rape charge (against Tejpal),” he told PTI.
He said that the police have the complete authority to investigate the sexual assault case against Tejpal and they should not worry about the stature of the person involved.
Meahwhile, the union ministry of home affairs (MHA) has asked the Goa authorities to send a status report on the action taken by the police in the case relating to the alleged assault in a luxurious hotel about ten days ago.
The ministry has also asked the state government to give details about the sequence of events which took place during a literary function organised by Tehelka at the tourist hot spot.
Tejpal is a founder member of the Tehelka magazine.
On Thursday night, Tejpal in a letter to Tehelka's managing editor Shoma Chaudhary, said, “The last few days have been most testing, and I squarely take the blame for this.... A bad lapse of judgment, an awful misreading of the situation has led to an unfortunate incident that rails against all we believe in and fight for.”
Tejpal also announced that he was “recusing” from his job for six months after an email by the woman journalist of his magazine alleging sexual assault on her by him was made public.
The woman journalist had complained to Chaudhury that Tejpal had twice pulled her into a lift in a hotel in Goa about 10 days back during an event organised by the magazine. She is now said to be seeking constitution of a committee by the magazine to go into the issue and take action.
Chaudhury while talking with reporters on Friday said that she has acted in a way contrary to what has been appearing in the media. “The truth is and I will be speaking out in great detail about this, the truth is the moment I got this complaint, (which) has not been for many days but actually only on Monday this week, I acted absolutely wholly and solely driven by my desire to address the aggrieved journalist’s sense of injury and to act in her interest,” she said.
She said that the journalist had complained to her on Monday and the unconditional apology was extended to her on Tuesday.