Central Information Commission Judgements

Mr. B. S. Rajawat vs Registrar Of Cooperative Society on 14 January, 2010

Central Information Commission
Mr. B. S. Rajawat vs Registrar Of Cooperative Society on 14 January, 2010
                    CENTRAL INFORMATION COMMISSION
                     Club Building, Opposite Ber Sarai Market,
                       Old JNU Campus, New Delhi - 110067.
                               Tel: +91-11-26161796

                                                        Decision No.CIC/SG/A/2009/003013/6382
                                                              Appeal No. CIC/SG/A/2009/003013

Appellant                                     :        Mr. B. S. Rajawat
                                                       A-5B/96A, Janakpuri,
                                                       New Delhi-110058

Respondent                                    :        Mr. Ajay Sharma
                                                       Public Information Officer
                                                       Registrar of Cooperative Society,
                                                       O/o the Registrar Co-operative,
                                                       Societies, Old Courts Bldg.
                                                       Parliament Street,
                                                       New Delhi-110001

RTI application filed on                      :        12/08/2009
PIO replied                                   :        21/08/2009
First Appeal filed on                         :        01/10/2009
First Appellate Authority order               :        22/10/2009
Second Appeal Received on                     :        01/12/2006
Notice of Hearing Sent on                     :        11/12/2009
Hearing Held on                               :        14/01/2010

 Sl.             Information Sought                                     Reply of PIO
                                                                (Asstt. Regtr.(Arbitration))
 1.    Whether the deptt. had appointed              Yes.
       Arbitrators of Coop Bank employees and
       they were getting arbitration cases.
 2.    Whether a few arbitrators were getting        It is incorrect that some of the arbitrators are
       arbitration cases almost every month          getting cases each month whereas others are not
       where others were not even getting cases      getting cases after lapse of 3 months. Assignment
       after lapse of more than 3 months.            of cases depends upon availability at a particular
                                                     time moreover the question is vague and
                                                     unspecific.
 3.    The Appellant requested information           3. i) ii)) iii)- The records of the cases assigned to
       about the cases allotted to various           the arbitrators are not kept in form asked for by the
       arbitrators for the period Jan, 207 to July   Appellant. However, the records maintained in
       209 in the following manner:                  office of cases assigned to a particular arbitrator
           i.      Name of the arbitrator with       may be inspected.
                   designation      and     office
                   address.                          Reply from      (Dy.   Registr.)vide   letter   dated
           ii.     Name of month of every            07/09/2009
                   month.
           iii.    No. of cases allotted every       The record of the fee paid by the Coop Bank/
                   month.                            individual to the Deptt. are not kept in form asked
                                                     for by the Appellant. However, the payments of a
                                                      particular Coop                   Nank/   individual     may   be
            iv.       Amount of fee paid by the inspected.
                      respective     Coop      Bank/
                      individual to the deptt.

Grounds for First Appeal:
Information not provided by the PIO in mandatory period.
Incomplete information provided by the PIO, Asstt. Registrar(Arbitration)

Order of the First Appellate Authority:
The reply given by the SPIO vide paras 1 & 2, were in order. As regards the information
provided in respect of para 3, FAA was agree with that information could not be provided in the
table/format prepared by the Appellant.

Grounds for Second Appeal:
Incomplete and vague information provided by the PIO.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. B. S. Rajawat;

Respondent: Mr. Ajay Sharma, Public Information Officer;

The PIO inform the Commission that there is a register in which all the arbitration work
given to each arbitrator is recorded. It is evident that in response to query-3 the PIO could have
offered photocopies of these registers. Neither the PIO nor the FAA offered this to the
Appellant. It appears that the PIO and the FAA were keen not to give information to the
Appellant.

Decision:

The appeal is allowed.

The PIO is directed to give a photocopy of the register in which all the arbitration work
given to arbitrator is recorded free of cots to the Appellant before 30 January 2010.

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
14 January 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj