CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/001966/5014
Appeal No. CIC/SG/A/2009/001966
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Daya Nand Sharma
House No. 1378, Rani Bagh,
Delhi-110034.
Respondent : Mr. Prakash Chandra
PIO & Dy. Registrar
Govt. of NCT of Delhi
Registrar of Cooperative Societies
O/o the RCS, Parliament Street,
New Delhi-110001.
RTI application filed on : 24/04/2009
PIO replied : 20/05/2009
First appeal filed on : 03/06/2009
First Appellate Authority order : 12/06/2009
Second Appeal filed on : 17/08/2009
Sr. Information sought PIO's reply
1. Certified copy of the Gazette Notification No. Certified copy of the Delhi
F.6(14)/85/Estt./Coop/Vol.-II/671-68 dated 09/06/2003 Gazette Notification No.
issued by the Hon'ble Lieutenant Governor, Delhi F.6(14)/85/Estt. Coop. Vol.II/671-
regarding Appellant's appointment as Assistant 78 dt. 09/06/2003 enclosed in the
Registrar, Co-operative Societies U/Sec. 3 (1) of the file.
Delhi Co-operative Societies Rules, 1973.
2. Certified copy of the Gazette Notification dated Certified copy of the Delhi
18/10/1977 bearing NO. 8(38)/68 Coop./ 8636-42 issued Gazette Notification No.
by the Hon'ble Lieutenant Governor, Delhi regarding F9(38)/68-Coop./8636-42 dt.
delegation of powers under Section 3 (2) of the Delhi 18/10/1977 enclosed in the file.
Co-operative Societies Act, 1972 read with Rule 3 (2) of
the Delhi Co-operative Societies Rules, 1973 in respect
of Sh. Ashok Bakshi, Dy. Registrar, Co-operative
Societies, New Delhi.
3. Certified copy of the Gazette Notification issued under The notification no. and date is not
Section 3 (2) of the Delhi Co-operative Societies Act, mentioned in Appellant’s
1972 read with Rule 3 (2) of the Delhi Co-operative Application. Provide the same so
Societies Rules, 1973 by the Hon’ble Lieutenant that the same can be traced out
Governor, Delhi regarding the powers conferred in and provided to the Appellant.
favour of Sh. D. N. Sharma, Assistant Registrar, Co-
operative Societies, New Delhi.
Grounds for First Appeal:
Incomplete & evasive reply received from the SPIO.
The First Appellate Authority order:
“The SPIO is directed to trace the record the furnish the factual information with regards the
notification vide which the Appellant was empowered to function as Asstt. Registrar in the
Deptt. within 15 day’s from today. In case the Appellant does not receive suitable reply, he may
again approach in this office immediately thereafter.”
Grounds for Second Appeal:
Incomplete information had been given by the FAA and SPIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Daya Nand Sharma
Respondent: Mr. Prakash Chandra, PIO & Dy. Registrar
The PIO states that, ” Under the DCS Act 1972, U/S 3(2) Lt. Governor is required to specify the
powers of RCS which his subordinate namely Additional Registrar, Joint Registrar, Dy.
Registrar & Assistant Registrar. The Act came into force in June 1972 and such an order (sought
in query-3) may or may not have been issued after this date by the Hon’ble Lt. Governor, I have
personally enquired from Archives Department and General Administrative Department of
GNCTD whether any such notification is available with them. But not such notification is
available with them also. I have also traced my old records but no such notification issued under
Section 3 (2) of DCS Act 1972 is available in the records. However, Lt. Governor is not
necessarily required to issue such a notification because subordinate officers exercise the power
of Registrar and the same can be delegated to them by the Registrar under Section 3(3) read with
Rule 3(3). I am submitting the order dated 30 May 1990 issued by the then Registrar Mr.
K.S.Mehra delegating powers to his subordinate officers, which was applicable to the Appellant
also when he was posted in Cooperative Department.” The order of Mr. K.S.Mehra is given to
the appellant in front of the Commission.
Decision:
The appeal is disposed.
The information has been provided.
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
5 October 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)