Central Information Commission Judgements

Mr.A K Bhalla vs Registrar Cooperative Society, … on 9 February, 2011

Central Information Commission
Mr.A K Bhalla vs Registrar Cooperative Society, … on 9 February, 2011
                        CENTRAL INFORMATION COMMISSION
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                                                             Decision No. CIC/SG/A/2011/000018/11368
                                                                     Appeal No. CIC/SG/A/2011/000018
Relevant Facts

emerging from the Appeal:

Appellant                            :      Mr. A.K. Bhalla
                                            A-154, Shakti Apartments, Plot No. 5,
                                            Sector 9, Rohini,
                                            Delhi-110085

Respondent                           :      Mr. Ved Prakash
                                            Public Information Officer &
                                            Assistant Registrar North West Zone,
                                            Registrar of Cooperatives Societies,
                                            Government of NCT of Delhi,
                                            Parliament Street, New Delhi-110001

RTI application filed on             :      14/09/2010
PIO replied                          :      11/10/2010
First appeal filed on                :      24/10/2010
First Appellate Authority order      :      29/11/2010
Second Appeal received on            :      30/12/2010

S.N.               Information sought                                          PIO's reply
1.   Furnish the details of GBMS held from February         Information pertains to the society. The society is
     2010 onwards i.e. from the date of assumption of       not a public authority, as per decision of Hon'ble
     charge of society office in February 2010 upto         CIC vide decision no. CIC/SG/A/0009793706

date by the newly elected Managing committee dated 15/06/2009. The information can be obtained
and the dates of the receiving of minutes of directly from the society u/s 139 of DCS Act,
GBMS from the Managing Committee by the 2003. As per records no GBM minutes received
RCS. from the society in February 2010 onwards till
date.

2. Intimate and clarify whether the GBMS held by In view of Para 1, it cannot be ascertained.

the Managing Committee were as per DCS act,
2003 and there under DCS Rules 2007.

3. In case no to point 2, intimate and clarify if the Opinion of the PIO has been sought which is not
action of the Managing Committee is in order or information as per section 2 (f) of the RTI Act,
as per- rules. Please also intimate if any decision 2005. Comments of the Managing Committee have
taken or action initiated by the RCS on been sought on the complaints received from the
complaints received, if any, from the residents residents of the society vide this office letter no.
against the erring Managing Committee. F47/ 172/ GH/NW/3059-62 dated 06/10/2010.

4. If no to point 3, intimate the reasons for not In view of para-III no reply is required.

initiating action by the RCS against erring
Managing Committee.

First Appeal:

The reply received from the PIO was incomplete, unsatisfactory and misleading amounting to suppression
of information.

Order of the FAA:

The appeal is disposed of u/s 19 of the RTI Act,2005 as during the proceedings held on 29/11/2010, Sh.
S.K. Tyagi dealing assistant on behalf of Sh. Vijay Kumar, AR(NW)/APIO was present but none present
on behalf of the appellant. The reply given by the APIO is proper and based on the records available with
him.

Ground of the Second Appeal:

Unsatisfactory information received despite FAA’s order.

Relevant Facts emerging during Hearing:

The following were present
Appellant: Absent;

Respondent: Mr. S. K. Tyagi, UDC on behalf of Mr. Ved Prakash, PIO & AR (North West);

The Respondent states that the information has been provided as per records available to the
Appellant. This appears to be correct.

Decision:

The Appeal is disposed.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
09 February 2011
(In any correspondence on this decision, mention the complete decision number.) (Su)