CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
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Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001991/9201
Appeal No. CIC/SG/A/2010/001991
Relevant Facts
emerging from the Appeal
Appellant : Ms. Geeti Sharma
D-448, Sector 10
Plot No. 2, Dharamvihar Apartments, Dwarka, New Delhi-
110075
Respondent : Mr. Ashok Kumar
Public Information Officer &
Assistant Registrar (CND)
Govt. of NCT of Delhi
O/o Registrar of Co-operative Societies
Old Court Building
Parliament Street, New Delhi-110001
RTI application filed on : 02/02/2010
PIO replied : 03/03/2010
First appeal filed on : 01/04/2010
First Appellate Authority order : 19/04/2010
Second Appeal received on : 14/07/2010
Sl. Information Sought Reply of the PIO
1. Provide the names of the Members and power of attorney Does not pertain to the society
holders who formed the RWA in April 2002 in Connivance with
the President of defunct Managing committee Mr.
V.K.Malhotra, as per Para 2 of the above mentioned request for
conducting inquiry.
2. Provide details of Bank accounts and all transactions made by No such information is available in the
the President of Defunct Managing Committee in collusion with society as records are still with the
RWA parallely from April 2002 to January 2009 as per Para 2 auditor.
of the request Provide the amount collected by the President of
defunct Managing committee Mr. V.K.Malhotra from April
2002 to January 2009 from Members and Non-members of the
society on various accounts.
3. Provide the Name(s) of Power of Attorney holders whose Names are as under:
membership documents were forwarded by President Defunct 1. Ashok Kumar Kaushal
Managing Mr. V.K.Malhotra committee for grant of: 2. Sandeep Nanda
membership to the office of RCS as per Para 3 of the request.
3. Anil Datt Mohla
4.Rajinder Kapur
5.Raj Kumar Batheja
6.Krishan Gopal
7. Anil kumar
8. Kamal Kant Sharma
9. Sanjay Saini
4. Provide the Name(s) of the Power of Attorney holders, amount Does not pertain to the society However,
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paid by them and the details of the mode of payment towards Accounts of the society and still with the
entry fees/development charges to the President Defunct auditor.
managing committee and RWA to get membership of the
society as per Para 3 of the request. Provide the total amount
collected as Entry fees/development charges by the President of
defunct managing committee in collusion with RWA.
5. Provide Name(s) of the Persons to whom No objection Already replied in question ID No.
certificate was given by President of the Defunct Managing 7615 names arc as under:
Committee , Mr. V.K.Malhotra to get bank loans and convert 1. Smt. Kanta Rhagat (M. No.153)
their flats from leasehold to freehold, as per Para 3 of the 2. Mrs. Shashi Prabha Thukral M.No.
request. 203)
3. Narinjan Kumar Ahuja (M.No.
164)
Except above members no such records
are available in the society However,
Records asked for might be in the
possession of CBI as per production-
cum-receipt memo date
01.08.2006
6. Provide the dates when election(s) was declared by the President On 28.12.2008. Copy of agenda notice
of Defunct Managing Committee Mr. V.K.Malhotra in collusion enclosed
with RWA as per Para 4 of the request. Provide attested copies
of Agenda notices announcing elections.
7. Provide the Names of the President of RWA and any other Name has been mentioned in the agenda
persons who were appointed returning officers by the President notice has enclosed.
of Defunct Managing Committee Mr. V.K.Malhotra for the
above said elections, as per Para 4 of the request.
8. Provide Attested copies of Documents, records, receipts on the Does not pertain to the society. Nothing
basis of which a collection of Rs. 8.69 lakhs as entry fee, as such has been verified by the
illegally, apart from regular maintenance charges (by the RWA) Administrator but glanced the same
has been verified by the Administrator as per Point 5 of the across unauthenticated copies of
request. accounts of RWA shown by Sh. S.L
Gambhir. President of RWA.
9. Provide details of all cash transaction made by the RWA as per Does not pertain to the society
Para 6 of the Request.
10. Provide the Name and the amount paid to the Accountant who -do-
wrote the Accounts for the RWA for the period 2002-2009
before the Administrator took charge.
11. Provide attested copies of accounts and other documents No such record exists in the society.
submitted by the RWA to the Administrator enabling him to ask
for the inquiry vide letter of request dated 08.08.2009.
12. Provide the Minutes of the meeting conducted by the No such record is available in the society
Administrator on 28.6.2009. office.
13. Provide the Name of the female member, Membership no, of the -do-
society who was also the member of the advisory committee
against whom RWA members used abusive and
unparliamentarily language on 28.6.2009 as per Point 9 of the
request.
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14. Provide details of the actions taken by the Administrator to -do-
nullify all the actions taken by illegally, self-styled RWA as per
the conclusion (Para 2, page 4 marked as 62c) of the letter of
request for the inquiry. Provide list of all actions of RWA,
nullified by the Administrator since his joining from Pt February
2009.
15. Provide attested copies of accounts prepared by Sh. Naveen The accounts are in the office of the
Kaushik Accountant, from 2002 to 2009 as submitted by the auditor. An amount of Its. I 5000/ has
Administrator to the office of RCS. Provide the exact amount been paid to Mr. Naveen Kaushik for the
paid to the accountant for writing the accounts. accounts prepared for the year
2003-2004 to 2005-2006.
16. Provide anomaly free, duly authenticated, audited accounts No such record is available in the
submitted by the RWA for the period Of April 2002 to Jan 2009 society.
for which innumerable letters and reminders were issued to them
by the Administrator, which was not submitted till 10th of Dec as
per the reply to RTI 7426 given by the Administrator.
17. Provide the action taken by the Administrator against the RWA -do-
if the anomaly free, duly authenticated, audited accounts have
still not given by them after a lapse of more than eight months of
issuing the letters and reminders.
18. Provide the year-wise breakup of principal amount and interest Accounts are with auditor as of now and
for the list of defaulters…….. as such information is not available at
this stage.
Grounds for the First Appeal:
Not Enclosed
Order of the First Appellate Authority (FAA):
The FAA reiterated the PIO’s statement and disposed off the appeal accordingly.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO and unfair disposal of the matter by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Rajesh Sharma representing Ms. Geeti Sharma;
Respondent: Mr. R. K. Mudgal, Assistant on behalf of Mr. Ashok Kumar, PIO & AR(CND); Deemed PIO
Mr. K. S. Meena the then Administrator;
The information on certain queries have not been provided by the PIO on the grounds that this
information is not available on the records of the Society. The appellant however brought before the
Commission a letter on 08 August 2009 addressed to Registrar in which it has been stated:
“No.-1: All the affairs of society were managed by a self styled and extra constructional body named as
Dharamvihar RWA and thus intervene in the shoe of the Managing Committee.
No.2: The RWA was formed in April 2002 by some original members as well as power of attorney
holders of the society in connivance to the self styled president of the defunct Managing
Committee.”
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The deemed PIO Mr. Meena also states that with respect to query -9 no such information is available on
the records of the society. Mr. Meena has stated that his letter of 08 August 2009 addressed to the
Registrar was based on various records of the RWA which was produced before him as well as verbal
communications by different members, but these were not the part of the record of the society and hence
he was not able to provide the records. With respect to query-12 & 13 the PIO has already stated that there
is no record of the minutes of such a meeting. With respect to query-14 the respondent from RCS Mr. R.
K. Mudgal has stated that no actions have been taken against the RWA. Regarding query-18
Decision:
The Appeal is disposed.
The Commission recommends to the RCS to conduct an inquiry into the matters
referred to by the then Administrator in his letter of 08 August 2009.
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
03 September 2010
(In any correspondence on this decision, mention the complete decision number.) (VN)
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