CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/000384/7317
Appeal No. CIC/SG/A/2010/000384
Relevant Facts
emerging from the Appeal:
Appellant : Mr. K C Raju,
A1-3, Vindhyashri Apartment,
Main Road, Burari,
Delhi - 110084.
Respondent : Mr. Dinesh Pandey
Public Information Officer & Assistant Commissioner
Government of NCT of Delhi.
O/o The Commissioner of Industries
Plot No 419, FIE, Patparganj Industrial Area, Udyog
Sadan, Delhi – 110092.
RTI application filed on : 12/03/2009
PIO replied : 08/04/2009
First appeal filed on : 09/10/2009
First Appellate Authority order : 28/10/2009
Second Appeal received on : 12/02/2010
Date of Notice of Hearing : 03/03/2010
Hearing Held on : 31/03/2010
Sl. Information Sought Reply of the PIO
1. Copy of the order of rescinding of registration of Copy of order dated 18/02/2009 enclosed.
Vindhyashri apartment RWA.
2. Name of the official/branches of registrar's office to "Programmer Computer Cell, Industries
whom the order No S-56454/RFS/2008/209-210 Department".
dated 18/02/09 regarding rescind of registration was
sent.
3. The reasons for not sending the copy of order to Copy of the order dated 18/02/2009 was also
the Association. sent to the Society through its President Mr. T
C Upreti.
4. Reasons for not mentioning the name of the “Name had been mentioned in the first and
association in the order. last paragraph of the order”.
5. Copy of letter dated 17/12/2008 issued from the Copy of the letter dated 17/12/2008 enclosed.
office of registrar of societies for submitting the list “It is assumed that once a letter is sent to the
of governing body. post office it is then delivered to the addressee
Proof that the order had been received by the and no further evidence is required to prove
executive of the governing body of the association. it.”
6. Copy of final show cause notice dated 22/01/2009 Copy enclosed.
from the office of registrar of societies that was sent
to the Association.
Proof that it was received by the Association.
7. Whether any inquiry was conducted into the Complaint of Mr. Vikram Singh was sent to
allegations of complaint of Vikram Singh. the society for comments vide office letter
Copy of the inquiry report. dated 22/04/2008.
8. Whether the replies of the association dated Only one letter dated 20/09/2008 was
05/05/2008 and 20/09/2008 were received in the received in the office of Registrar on
office of registrar of societies. 22/09/2008.
9. Whether the list of members of the governing body of No letter was received in the office.
the Association sent to the Registrar office by the
Association on 20/04/2007 and 20/05/2008 were
received with the office of the Registrar.
10. Copies of the diary register/computer entries/relevant Copies of diary register w.e.f 20/04/2007 to
documents showing receipt of mail from outside 20/05/2007 were not traceable. Copies of
w.e.f. 20/04/2007 to 20/05/2007, w.e.f 05/05/2008 to diary register w.e.f 05/05/2008 to 20/06/2008
20/06/2008 and 20/09/2008 to 20/10/2008. and 20/09/2008 to 20/10/2008 would be
provided after payment of Rs 2 per page.
11. Name of Appellant officer in the Registrar’s office. Commissioner of Industries is the FAA.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
a) “Copy of the reply letter of the association diarized in the Deptt. vide no 2414 dated 07/05/2008- PIO
submitted the same.”
b) List of governing body – PIO had informed that letter was not available in the file. The PIO should
locate the file and furnish the same to the Appellant within 15 days.
c) Reply letter of the Association diarized in the Deptt. vide Dy. No. 5295 dated 22/09/2008, the same had
been furnished to the Appellant.
d) Letter from the Apartment diarized in the Department vide No 5665 dated 16/10/2008 was being
furnished to the Appellant.
Grounds for the Second Appeal:
“The Commissioner of Industries to whom the first appeal was made was not an appellate authority in the
matter relating to registration of societies.” Unfair disposal of the appeal by FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. K C Raju;
Respondent: Mr. Dinesh Pandey, Public Information Officer & Assistant Commissioner;
The Appellant claims that a registered society of his has been giving all the returns as required by
statue. The Department has cancelled the registration of their society on the grounds that the list of
governing body members has not been sent in 2007 and 2008. From the information supplied by the PIO
it emerges that whereas the appellant claims that the list for 2007 has been sent on 23/04/2007. The PIO
has claimed that the diary register for this period has been stolen. The appellant states that he had sent the
next year list on 20/05/2008 which is shown as having been received by the Department against diary no.
2788 dated 26/05/2008. The Department claims that this is also not available with them. The appellant
states that there registration has been cancelled based on non-availability of these records and they alleged
malafide since in one case for 2007 the diary register is claimed to have been stolen for 2008 the record
which is shown as existing on the diary register is claimed to be missing. The Appellant states that he has
given review petition in June 2009 and also given reminders but the Department is unwilling and unable
to correct this mistake. This is indeed a very pathetic state of affairs.
The Commission desires that the registrar consider this matter and try to correct the mistake which the
appellant is alleging has been made by the Department. The Commission requests the registrar to look
into this matter and take appropriate decision as per the law before 30 April 2010.
Decision:
The Appeal is allowed.
The information has been provided.
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
31 March 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)