TaxTMI 
TaxTMI 
2017 (11) TMI 2010
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....ns made by the CIC are beyond the CIC's jurisdiction conferred under the Right to Information Act, 2005 (hereafter 'the Act'). 2. The respondent had made an application under the Act on 09.06.2015 seeking certain information regarding the allotment of plots in Village, Darya Pur Kalan under the 20-Point Programme. 3. The CPIO of the petitioner responded to the said application by a letter dated 20.08.2015. However, it is seen that the entire information as sought for by the respondent was not supplied to him. Certain information was also denied for the reason that the relevant records were not available with the public authority. 4. Aggrieved by the aforesaid decision, the respondent filed an appeal before the First Appellate Authori....
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....tioner needs to be looked into favourably as in either case the procedure had not been followed. In case there is no merit in the claim of the petitioner then validity/legality of thousands of other such cases who are still in occupation of these residential plots would come into question as no such procedure as no such procedure seems to have been followed and almost all the cases are of a similar nature. It is a travesty of justice to deny benefit of a poverty alleviation scheme to a disabled person by putting a shield of procedure when the same procedure is not followed by the same very authorities. The case may therefore be put up to the Competent Authority for reconsideration in the light of the facts and circumstances a narrated in th....
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....d scope of examination by the CIC was: (i) whether the information sought for by the respondent was provided to him; (ii) if 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. 8. In view of the above, t....