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Decision No. CIC/SG/A/2010/000318/7274
Appeal No. CIC/SG/A/2010/000318
Relevant Facts
emerging from the Appeal
Appellant : Lt. Col. C.M. Upreti (Retd)
B-108, Sector 9, Plot 4
K.K. CGHS Ltd. Dwarak
Delhi- 110077 .
Respondent : Mr. R. K. Saxena
Public Information Officer &
Asst. Registrar (SW)
Registrar of Cooperative Society
Old Courts Building
Sansad Marg
Delhi- 110001
RTI application filed on : 06/10/2009
PIO replied : 27/10/2009
First appeal filed on : 04/11/2009
First Appellate Authority order : 16/12/2009
Second Appeal received on : 08/02/2010
Date of Notice of Hearing : 03/03/2010
Hearing Held on : 29/03/2010
Based on the said complaint, of 60 illegal members in the K.K. Cooperative Group Housing Society (located at
Sector 9, Plot 4, Dwaraka, Delhi – 110077) and subsequent appointment of I/O lead to some members of the
managing committee, as alleged by the appellant, to obtain stay from the Finance Commissioner on false
grounds as they did not want to pursuer the inquiry as they themselves with their relatives were alleged illegal
members. In regard to this:
Sl. Information sought Reply of PIO
1. Action taken by O/o The RCS till date to vacate the stay after the stay Seeking clarification. Can
order was granted by the Finance Commissioner. inspect case file on any
Date wise action taken by O/o The RCS to vacate stay working day
2. Certified copy of the relevant documents submitted by the O/o The RCS No documents submitted
to the Finance Commissioner in order to vacate stay along with file noting
of the case
3. Reason for RCS not taking any action to vacate stay, if so. Seeking clarification
4. Further action to be taken on by the O/o The RCS in the future to vacate Seeking clarification
the stay and initiate the inquiry and when
5. Are members named in the complaint eligible to contest society elections Seeking clarification
and vote till the inquiry is completed
6. a) Status of case no. RCS/026/06/SW/2824-2825 in the court of RCS a) Copy of noting may be
against Sh. K.L. Bharagava for having dual membership. collected AR (RTI) cell
Is Sh. Bhargava eligible to stand and bote in the elections till the above after paying requisite fee.
case is disposed? b) -do-
b) Status of case in the court of the RCS in m/o 3 – illegal members c) seeking clarification
from the same society viz. Rita Bharagave, K.K. Bharagava and Smt. Raj
Pathak for obtaining dual and/or illegal membership by submitting false
affidavits in the name of Lt. Governor to the O/o The RCS. These
members were also served Show cause notices for incurring
disqualification under rule 25 (1) © (1) and 25 (2) by the then RCS.
Provide certified copy of the file noting of the case
c) Are the three members mentioned above eligible to contest and vote
in society elections till the case is disposed off, especially when RCS has
already issued orders to the society to lodge an F.I. R against them.
7. Dates on which the K.K. CGHS Ltd submitted the last 10 yearly audit AR (audit) has been
reports to the O/o The RCS of the society, including audit report for the requested to provide
year 2008-2009 requisite information
8. On penalty provisions under the DCS rules for delay in submitting the Seeking clarification
audit reports, and what are the penalties.
9. As per the RCS letter no. F. 47/610/GH/SW/Coop/1158 dated 24/07/07 Seeking clarification
directing society to lodge an F.I.R. against dual members, has the society
lodged an F.I.R?
If not, what action has the RCS taken in this regard.
Grounds for First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the FAA:
SPIO has been directed to supply the specified information as available in record with regard to point No. 9
within 15 days from the date of order.
Grounds for the Second Appeal:
Incomplete and incorrect information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Lt. Col. C.M. Upreti;
Respondent: Mr. R. K. Saxena, Public Information Officer & Asst. Registrar (SW);
The PIO has given certain information but is now directed to provide information with respect to the
following queries:
1- Query-1, 2 & 8. Decision: The Appeal is allowed.
The PIO is directed to provide the information regarding queries 1, 2 & 8 to the Appellant before
10 April 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
29 March 2010
(In any correspondence on this decision, mention the complete decision number.)(DR)