Mr.Avinash Kumar Sharma vs Government Of Nct Of Delhi on 8 October, 2010

Central Information Commission
Mr.Avinash Kumar Sharma vs Government Of Nct Of Delhi on 8 October, 2010
                             CENTRAL INFORMATION COMMISSION
                                 Club Building (Near Post Office)
                               Old JNU Campus, New Delhi - 110067
                                      Tel: +91-11-26161796
                                                              Decision No. CIC/SG/A/2010/001945/9123Adjunct
                                                                            Appeal No. CIC/SG/A/2010/001945
Relevant Facts

emerging from the Appeal

Appellant : Mr. Avinash Kumar Sharma
C/o Anil Kumar Sharma,
Type – II/42, North West Moti Bagh,
New Delhi.

Respondent                             :       Mr. Vijay Kumar
                                               Public Information Officer & Assistant Registrar
                                               Government of NCT of Delhi
                                               Office of the Registrar of Co-operative Societies
                                               Old Court's Building, Parliament Street,
                                               New Delhi 110001.

RTI application filed on               :       12/03/2010
PIO replied                            :       Not replied
First appeal filed on                  :       16/04/2010
First Appellate Authority order        :       07/05/2010
Second Appeal received on              :       12/07/2010

Information Sought
The Appellant sought information regarding -

• How many times the RCS office has given extensions to Shri Udai Baxi as Administrator of the Quetta Coop
Group Housing Society Ltd. Kindly provide the information along with documentary proof i.e. (orders issued
by RCS upto 31/03/2010)
• A copy of the Amendment Act 37 of the Delhi Coop Societies Act, 2003 may kindly be provided relating to
extension for appointment of administrator in the Society by RCS office beyond three hundred sixty five days
as per Act and other related information in this subject:

a) If there is no Amendment on the aforesaid Act of the societies, RCS office may clarify the maximum
period for appointment of Shri Udai Baxi us Administrator has completed three hundred and sixty five days as
per Act of the Delhi Coop Societies 2003.

• The RCS office may supply a copy of the sub committee constitute by the Administrator with the approval of
the Registrar under Rule 61 of the Delhi Coop Societies Rules,2007 in the Quetta Coop Group Housing Society
Ltd (Regn No.1255) after his appointment as Administrator.

• The RCS Office may supply a certify copy of the Managing Committee minutes in which Managing Committee
approved to issue a letter dated 20-04-2009. the Quetta Group Housing Society (copy enclosed) and also clarify
the minutes of the Managing Committee has been conducted by the administrator under Rule 60 of the Delhi
Coop Societies Rules 2007

Reply of the Public Information Officer (PIO)
No Reply was given.

Order of the First Appellate Authority (FAA):

The FAA directed The SPIO to provide the requisite information as per record available to the appellant within 40 days
for Point No. 1 & 2.

SPIO is further directed to provide the information regarding Point 3 & 4 to the appellant within next 15 days, after
getting this information from Administrator
Relevant Facts emerging during Hearing held on August 30, 2010:
The following were present:

Appellant: Mr. Avinash Kumar Sharma;

Respondent: Mr. M. M. Mondal UDC on behalf of Mr. Vijay Kumar, Public Information Officer &
Assistant Registrar;

“The appellant is trying to highlight the fact that RCS appears to be illegally allowing an Administrator to
continue at QUETTA CGHS Ltd. The PIO has given some information on 14/05/2010 which the appellant claims was
sent to him only on 13/07/2010. The respondent has brought no proof to show that the information was sent before
13/07/2010. As per the information provided it appears that Mr. Uday Bakshi has been appointed as Administrator on
14/01/2009 for a period of 90 days. The respondent admits that Mr. Uday Bakshi continued as Administrator since then
and states that there is no extension or notification for his continuance for this entire period. The PIO will give this in
writing to the appellant and also photocopies of any papers by which any proposal to extend the services of Mr. Uday
Bakshi are being processed.

In response to query-3 RCS has given members of a sub-committee whereas the Administrator Mr. Uday Bakshi has
informed the appellant that no sub-committee has been formed. Thus it appears that the PIO has given false
information. The PIO will explain why this false information was given to the appellant.

In response to query-4 minutes of the managing committee has been sent which are not attested by the Administrator
and the PIO. The PIO and administrator are directed to attest these and send it to the appellant.

The respondent states that the persons responsible for giving information late are Mr. Ved Prakash and Mr. Ashok
Sharma who were then PIOs. The respondent states that he submitted the information on 08/04/2010.”

Decision dated August 30, 2010:

The Appeal was allowed.

“The PIO is directed to give the information as directed above to the appellant before 20
September 2010.

The issue before the Commission is of not supplying the complete, required information by the then PIOs Mr.
Ved Prakash and Mr. Ashok Sharma within 30 days as required by the law.
From the facts before the Commission it is apparent that the then PIOs are guilty of not furnishing information within
the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI
Act. It appears that the then PIOs actions attract the penal provisions of Section 20 (1). A showcause notice is being
issued to them, and they are directed give their reasons to the Commission to show cause why penalty should not be
levied on them.

Mr. Ved Prakash and Mr. Ashok Sharma will present themselves before the Commission at the above address on 08
October 2010 at 10.30am alongwith their written submissions showing cause why penalty should not be imposed on
them as mandated under Section 20 (1). They will also submit proof of having given the information to the appellant.

If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed
to inform such persons of the show cause hearing and direct them to appear before the Commission with him.”

Relevant facts emerging at the show cause hearing held on October 8, 2010:
The following were present:

Appellant: Mr. A. K. Sharma;

Respondent: Mr. A. K. Sharma, the then PIO/AR, RCS and Mr. Ved Prakash, the then PIO/AR, RCS.

The Respondents stated that the RTI application dated 12/03/2010 was received in the office of PIO/AR, RCS
on 15/03/2010. Mr. Ved Prakash submitted that a reply was prepared on 08/04/2010. However, the said reply
was not sent to the Appellant. Mr. Prakash stated that the reply dated 08/04/2010 was not sent due to oversight
of his staff, which has been found to be recurring in nature. Mr. A. K. Sharma stated that further to the order of
the FAA dated 07/05/2010, information in relation to all the queries were sent vide letter dated 14/05/2010. The
Commission also noted that information in relation to all the queries was once again sent to the Appellant vide
letter dated 13/07/2010, which also enclosed letter dated 14/05/2010. The Commission is satisfied with the
submissions of the Respondents.

Further, based on the submissions of the Appellant and the information provided by Mr. Vijay Kumar, PIO/AC,
RCS (NW) vide letter dated 28/09/2010, it appears that complete information, as directed by the Commission,
has not been provided. The Commission noted that in response to query 3 of the RTI application, the RCS has
given members of a sub-committee whereas Mr. Uday Bakshi, Administrator has informed the Appellant that no
sub- committee has been formed. The Commission, by its order dated 30/08/2010 directed the PIO/AC to
explain why this false information was given to the Appellant. However, the PIO/AC has not clarified the same.
Therefore, the PIO/AC is directed to clarify and explain to the Appellant why false information, as described
above, was given to him.

Adjunct Decision:

The Commission hereby directs Mr. Vijay Kumar, PIO/AC, RCS (NW) to explain to the Appellant why false
information, as described above, was given to him, before October 28, 2010 with a copy to the Commission.

The Commission has further observed that Mr. Vijay Kumar, PIO/AC, RCS (NW) has failed to comply with the
order of the Commission dated 30/08/2010. Therefore, Mr. Vijay Kumar, PIO/AC is directed to appear before
the Commission on November 26, 2010 at 4:30 pm along with his written submissions to show cause why
penalty should not be imposed on him under Section 20 of the RTI Act. He is directed to produce before the
Commission any relevant documents including documentary evidence that he may have relied on in his written
submissions. If there are other persons responsible for not complying with the provisions of the RTI Act and the
Commission’s order who have not been included in this show cause notice, Mr. Vijay Kumar, PIO/AC is
directed to serve this show cause to them and direct them to appear before the Commission on 26/11/2010 along
with him.

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 the RTI Act.

Shailesh Gandhi
Information Commissioner
October 8, 2010

(In any correspondence on this decision, mention the complete decision number.)(YM)

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