CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000884/7750
Appeal No. CIC/SG/A/2010/000884
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Durgesh Kumar
24-B, Janyug Apartment,
Sector - 14 (Extn.), Rohini,
Delhi - 110085.
Respondent : Mr. Ved Prakash
Public Information Officer &
Asstt. Registrar
O/o Registrar of Co-operative Societies
GNCTD, Old Court Building,
Parliaments Street, New Delhi.
RTI application filed on : 06/01/2010
PIO replied : 16/03/2010 (reply received after FAA's order)
First appeal filed on : 15/02/2010
First Appellate Authority order : 26/02/2010
Second Appeal received on : 07/04/2010
The Appellant had sought following information regarding an advertisement published in
various leading national newspaper with the title “Holding up membership applications of
purchasers of flats/plots in Co-operative societies is a punishable offence.”
Sl. Information Sought Reply of the PIO
1. Whether the above said advertisement was given by the Name of the newspaper in
department. which the advertisements
2. Details of amount spent for drafting and publication charges was published had been
of each newspaper which were mentioned by the Appellant given along with date,
and along with paid, if any to the other new publishers. amount paid to publisher.
3. Details of contents of the above said advertisement as per It was not the information as
the amended Section 91 of the DCS Act, 2003. per Section 2(f) of the RTI
Act, 2005.
4. Complete details and appeal received by the RCS till date Pertained to zones. RTI was
for non-enrolment of membership who had purchased transferred by the RTI
flats/plots on GPA in the Societies in respect of the amended Branch.
Section 91 of the DSC Act, 2003. Name of the Societies and
details of the Complainants or Appellants.
5. Details of the action taken by the RCS under the said Act As above.
defined as cognizable offence by the department against
such societies as referred in point no. 4 along with name of
the societies and appellants.
6. Details of any amount fixed by the RCS for the societies to As above.
recover sum in any form from the Appellants for enrolments
of legal heirs of GPA member under amended section 91 of
the DCS Act, 2003, in the societies.
7. Details of duration in which the Societies had to decide the As above.
Application under amended Section 91 of the DCS Act,
2003.
8. Details of duration required by the RCS office to decide the As above.
Appeal under amended Section 91 of the DCS Act, 2003.
9. Details of RCS norms under DCS Act and rules to get the Interpretation of PIO had
NOC from the societies to convert his/her flat into freehold been sought which was not
from the DDA by legal heirs of the purchaser of flats on an information under 2(f) of
GPA the RTI Act. DCS Act, 2003
& DCS Rules 2007 were
available on the website of
the RCS office.
10 Details of duration in which the Societies had to decide the As above.
. application for issuing NOC from the Society to convert
his/her flat into freehold from the DDA by legal heirs of the
purchaser of flats on GPA after issue of direction by the
RCS office.
11 Details of any amount fixed by the RCS office for the As above.
. societies to recover sum in any form from the legal heirs of
the GPA applicants for issuing NOC to convert his/her flat
freehold from the DDA.
Ground for the First Appeal:
Incomplete and unsatisfactory information received from the PIO.
Order of the FAA:
The Assistant Registrar (RT) was directed to provide specific and consolidated information to
the Appellant within 21 days after collecting it from the various zones, policy branch and
accounts branch.
Ground for the Second Appeal:
Non-receipt of complete information received from the PIO after the order of the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Durgesh Kumar;
Respondent: Mr. A. K. Bhatt, Sub-Inspector on behalf of Mr. Ved Prakash, PIO & AR;
Most of the information has not been provided by the PIO. The Commission directs
the PIO to provide information on query-5 for the last two years. The Commission also
directs the PIO to provide information on queries 6, 7, 8, 10 & 11, if there is no specific
period or amount mentioned in the Act this should be stated.
The Respondent states that the person responsible for not giving information in time are Mr.
Ajay Kr. Sharma then PIO and Mr. Ved Prakash, Present PIO.
Decision:
The appeal is allowed.
The PIO is directed to give the information as stated above to the
Appellant before 10 June 2010.
The issue before the Commission is of not supplying the complete, required information
by the Mr. Ajay Kr. Sharma then PIO and Mr. Ved Prakash, Present PIO within 30 days as
required by the law.
From the facts before the Commission it is apparent that the 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 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. Ajay Kr. Sharma then PIO and Mr. Ved Prakash, Present PIO will present themselves before
the Commission at the above address on 07 June 2010 at 03.00PM 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.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
17 May 2010
(In any correspondence on this decision, mentioned the complete decision number.)(GJ)
CC:
To,
Mr. Ajay Kr. Sharma then PIO through Mr Ved Prakash present PIO & AR;