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2017 (11) TMI 2010

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..... the same was denied, whether such denial was justified; (iii) whether any punitive action was required to be taken against the concerned PIO; and (iv) whether any directions under Section 19(8) were warranted. In addition, the CIC also exercises powers under Section 18 of the Act and also performs certain other functions as expressly provided under various provisions of the Act including Section 25 of the Act. It is plainly not within the jurisdiction of the CIC to examine the dispute as to whether respondent no.2 was entitled to and was allotted a plot of land under the 20-Point Programme. The impugned order passed by the CIC cannot be sustained - Petition allowed. - W.P.(C) 10676/2016 & CM No.43417/2016 - - - Dated:- 30-11-2017 - M .....

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..... ved by the decision of the FAA, the respondent preferred a Second Appeal under Section 19(3) of the Act before the CIC. The CIC has disposed of the appeal by making certain observations, which are set out below:- DECISION: 5. Having heard the submissions, the Commission noticed that the appellant is a poor and disabled person who is going round various offices with a bundle of papers for getting justice. The Commission observes that the appellant is a victim of procedural irregularities, negligence and nonresponsive attitude of the Public Authority. As per the Order of Hon ble Commissioner for Persons with Disabilities (NCTD), the appellant s problem was genuine, wherein at para 7 he has observed as follow: 7. It may therefore .....

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..... case for giving necessary relief. It is not just the problem of one single individual, but several allottees of plots under 20-Point formula, long back, are suffering because of respondent s administrative non-response and inaction. The Commission noticed this problem in many second appeals. Hence, the Commission directs that Mr. Manish Sisodia, Hon ble Deputy Chief Minister of GNCTD, holding Revenue portfolio, shall take note of this serious problem, consider/inquire into the issue of taking away plots allotted to the poor under the 20-Point formula and submit the action taken report to the Commission within 60 days from the date of receipt of this order. More specifically, the Commission strongly recommends to provide relief to the appel .....

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..... ailability of records is concerned, if any records are missing and not traceable, the petitioner is duty bound to ensure that a complete inquiry is undertaken and responsibility is fixed on the concerned officer. It is expected that the petitioner would take the necessary action in this regard. 10. It is also seen that the information provided by the CPIO was not complete. The respondent had also sought information regarding the number of plots allotted in the Village, Darya Pur Kalan under 20-Point Programme. On being pointedly asked to do so, learned counsel for the petitioner has not been able to point out any response, which would satisfy this query. Clearly, this information is available with the petitioner. Thus, it is evident that .....

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