Central Information Commission Judgements

Ms. Nmrata Khosla vs O/O Registrar Of Cooperative … on 1 February, 2010

Central Information Commission
Ms. Nmrata Khosla vs O/O Registrar Of Cooperative … on 1 February, 2010
                    CENTRAL INFORMATION COMMISSION
                        Club Building (Near Post Office)
                      Old JNU Campus, New Delhi - 110067
                             Tel: +91-11-26161796

                                                   Decision No. CIC/SG/A/2009/003187/6632
                                                          Appeal No. CIC/SG/A/2009/003187

Relevant Facts

emerging from the Appeal:

Appellant                             :     Ms. Nmrata Khosla
                                            Sunny Valley CGHS,
                                            Plot No 27, Sector 12, Dwarka,
                                            New Delhi- 110075.

Respondent                            :     Mr. Ashok Kumar

Public Information Officer & Assistant Registrar
Government of NCT of Delhi.

O/o Registrar of Cooperative Societies,
Parliament Street,
New Delhi.


RTI application filed on              :     20/03/2009
PIO replied                           :     24/04/2009
First appeal filed on                 :     17/08/2009
First Appellate Authority order       :     27/08/2009
Second Appeal received on             :     18/12/2009
Date of Notice of Hearing             :     02/01/2010
Hearing Held on                       :     01/02/2010

     Sl.             Information Sought                   Reply of the PIO

1. A/C statement of Nmreta Khosla “The information can be sought from the
(membership no 373 of Sunny society itself since the A/C statement is
Valley CGHS Ltd) for the period not a part of the audit report”.
2002 to March 2008.

First Appeal:

No information provided by the PIO.

Order of the FAA:

The FAA observed that the information sought by the Appellant pertained to the society and
therefore was not available with the Public authority. He also referred to CIC’s order No
CIC/SG/A/2008/00139 dated 30/01/2009 as a justification for denial of information. The FAA
directed the Appellant to seek information from the society under section 139 of DCS Act 2003.

Ground of the Second Appeal:

Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:

Appellant: Ms. Nmrata Khosla;

Respondent: Mr. Ashok Kumar, Public Information Officer & Assistant Registrar;

The Appellant is seeking a copy of account statement with the society. RCS the public
authority does not hold this information and this information is available only with the individual
society which is not the public authority.

Decision:

The Appeal is dismissed.

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
01 February 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)