CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002356/5501
Appeal No. CIC/SG/A/2009/002356
Appellant : Mr. Bharat Panwar
Flat 122, Nehru Cooperative Group
Housing Society Ltd.(Arunachal
Apartments), Plot 16,
Sect 7 Dwarka,
New Delh-110075
Respondent : Mr. Rajesh Kumar
Public Information Officer &
Assistant Registrar,
Govt. of NCT of Delhi,
O/o the Registrar Cooperative
Societies, Old Court's Building,
Parliament Street,
New Delhi-110001
RTI application filed on : 02/06/2009
PIO replied : Not mentioned
First Appeal filed on : 09/07/2009
First Appellate Authority order : 31/07/2009
Second Appeal Received on : 18/09/2007
Notice of Hearing Sent on : 12/10/2009
Hearing Held on : 12/11/2009
Information sought:
Mentioning some reference in his RTI Application, Appellant sought following information:
(i) Has the special audit of Nehru Cooperative Group Housing Society Ltd been
completed by M/s K S Choudhary & CO?
(ii) If yes, then provide a cop7y of the special audit report. If not, the reasons and
consequent follow up action taken by the registrar Cooperative Society?
PIO's Reply:
Not enclosed.
Grounds for First Appeal:
Appellant was neither received any acknowledgement and nor the information from the SPIO.
Order of the First Appellate Authority:
FAA mentioned that SPIO had not sent the reply to the Appellant. It was gathered from the file
that the said special audit report had not been completed. The zone had taken the matter with
special auditor for expediting the same. As the special audit still remains incomplete copy of the
same can not be provided. Nor reason for delay can be attributed as the same was not covered
within the meaning of information under the RTI Act, 2005.
The SPIO/AR was advised to take up the matter with the auditor and get the audit expedite. The
matter was closed.
Grounds for Second Appeal:
Appellant alleged that FAA and SPIO were deliberately hiding the information asked for by the
Appellant.
Misleading and no reason for the delay had been given. The FAA's order stated that the zone had
taken up the matter with Auditors for expediting the matter is vague order which does not specify
any order no. date and time limit by which it documents in support has been attached or shown to
the appellant, amounts to denial of information.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Bharat Panwar;
Respondent: Mr. Rajesh Kumar, Public Information Officer & Assistant Registrar;
The information has been provided to the Appellant by the PIO. The appellant wants to
know why the audit report is not complete. The PIO states that since there is nothing on record it
cannot be supplied.
Decision:
The appeal is disposed.
The information has been supplied.
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
12 November 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj