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Decision No. CIC /SG/A/2009/000674/3369
Appeal No. CIC/ SG/A/2009/000674
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Arun Agarwal,
B-85, Sector-31,
Noida-201303 (U.P.).
Respondent : Mr. T.K. Jain,
Asstt. Registrar (E) & PIO,
Registrar Co-op Societies,
Old Courts Building Parliament Street,
New Delhi-110001.
RTI application filed on : 02/02/2009 PIO replied : 11/02/2009 First Appeal filed on : 16/02/2009 First Appellate Authority order : 19/03/2009 Second Appeal received on : 02/04/2009 Detail of required information S. No. Information sought. The PIO replied.
1. No. of cases filed against RCS in Delhi Information available on the
High Court/CIC. website of Delhi High Court and
CIC i.e.
http//www.delhihighcourt.com &
on CIC website.
2. How many decided against RCS and No such type of information
penalty / filed / warning imposed maintained in this zone.
negligence/ inefficiency / loss of files
etc.
The PIO replied.
“It is clarified that all the orders passed by the competent courts are in favour of justice
and as such it cannot be said that the cases have been decided against the Registrar of
Cooperative Societies. It is held that replies given by Asstt. Registrars are sufficient.”
The First Appellate Authority ordered:
“On careful consideration of the appeal of Sri Gopal Prasad Shaw, Dy. CPO (W) & CPIO
is directed to collect the Railway Boards letters sought by Sri Shaw from the APIO /Railway
Board as per the procedure of RTI Act, 2005.”
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Arun Agarwal
Respondent : Mr. T.K. Jain, SPIO
The appellant has asked for certain information which PIO says that they do not maintain in this
format. Effectively the PIO is saying that they do not have record of cases decided against them
or penalties imposed. The RTI Act requires that an annual statement has to be submitted to the
Commission giving number of RTI queries received, number of first appeals and various other
details. If the public authority is not maintaining this is the violation of the law and the
Commission directs the Registrar of Cooperative Societies to maintain this and keep it ready. As
far as data about the Cases in courts are concerned it would be desirable if this is also available.
This would give the public authority some idea in diaries in its overall functioning.
Decision:
The appeal is disposed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
22 May 2009.
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)