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Decision No. CIC/SG/A/2010/002318/9586
Appeal No. CIC/SG/A/2010/002318
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Bimal Kumar Jana
Delhi EPDP CGHS Ltd.,
Flat No. 504, Plot No. 19,
Sec-4, Dwarka, New Delhi - 110078.
Respondent : Mr. R. K. Saxena
Public Information Officer & Assistant Registrar (SW)
Govt. of NCT of Delhi
Registrar Co-operative Societies
Old Court’s Building, Parliament Street,
New Delhi – 110001.
RTI application filed on : 22/03/2010 PIO replied : Not replied First appeal filed on : 21/05/2010 First Appellate Authority order : 15/06/2010 Second Appeal received on : 16/08/2010 Information Sought:
1) Details of action taken by the RCS w.r.t the Appellant’s appeal dated 18/01/2010 and 16/02/2010
which was made u/s 139 of DCS Act, 2003.
2) If no action had been taken then the reason for the same.
Reply of the PIO:
Not replied.
First Appeal:
Incomplete information received from the PIO.
Order of the FAA:
The FAA in its order observed that the information sought by the Appellant pertained to the Society and it
was not required to be maintained by the Public Authority under the prevalent DCS Act & Rules. The
FAA further has used the CIC’s decision CIC/SG/A/2008/00139 dated 30/01/2009 as a precedent and said
that the information could not be supplied. The FAA further advised the Appellant to seek the information
from the concerned society. If the society failed to provide the information, the Appellant was asked to
file appeal to the concerned authority.
Ground of the Second Appeal:
Non-receipt of information from the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Bimal Kumar Jana
Respondent: Mr. R. K. Saxena, Public Information Officer & Assistant Registrar (SW);
The appellant is seeking information about his society which is not with RCS. The RTI Act gives
access to citizens about information which is with the Public Authority. In the instant case since the
society is not a Public Authority RCS cannot transfer the RTI Application to the Society.
Decision:
The Appeal is dismissed.
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
04 October 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)