CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/000622/4216Adjunct
Appeal No. CIC/SG/A/2009/000622
SHOW CAUSE HEARING
Appellant : Mr. Jathedar Kuldip Singh Bhogal
1, Hari Nagar, Ashram,
Near Shalimar Cinema, New Delhi 110014
Respondent : Mr. Ram Singh,
General Manager and Deemed PIO
Guru Gobind Singh Bhawan,
Gurdwara Rakab Ganj Sahib,
New Delhi-110001.
RTI application filed on : 15/01/2009 PIO replied : 12/02/2009 First appeal filed on : 16/02/2009 First Appellate Authority order : not mentioned Second Appeal received on : 20/03/2009 Information sought:
The Appellant had sought following information:
1. Whether “Committee” means the Delhi Sikh Gurdwara Management Committee
established under section 3 as defined in sub-section © of section 2 of the Delhi Sikh
Gurdwara Act, 1971?
2. Whether it is a fact that under sub-section (1) of section 20 of the Delhi Sikh Gurdwara
Act, 1971, “the Executive Board may constitute such number of sub-committee from
amongst the members of the Committee as it thinks fit and for such purpose as it may
decide”?
3. If yes, please furnish the names of the sub-committees and the name of non-members of
the Committee, who are holding any position in any sub-committee.
4. Whether budget of estimated receipts & expenditure of the Committee, as prescribed
under Sub-section (1) of section 27 of the Delhi Sikh Gurdwara Act 1971?
5. If yes a copy of the last five financial year budget from 2004-05 to 2008-09 duly passed
by the committee may be provided.
6. Whether the accounts of the Committee including those of Gurdwaras and Gurdwara
property including educational and other charitable institutions administered by the
committee, are audited by the qualified Auditors every year as required under Sub-
section (1) of section 29 of Delhi Sikh Gurdwara Act, 1971 & whether requirement as
prescribed in sub-section (4) of Section 29 of the said Act is fulfilled every year?
7. If yes, a copy of Audit report for the last five financial year from 2003-04 to 2007-08 & a
copy of each of the newspaper clipping & Gurdwara Journal be provided.
8. Whether DSGMC has made regulations duly passed by both houses of parliament as
prescribed under Section 40 of the Delhi Sikh Gurdwara Act, 1971?
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9. If yes a copy of such regulation be provided.
Reply of PIO:
The PIO on 12.2.2009 informed to the appellant that the information has not yet been
received form the concerned department and as soon as it is received will be furnished to the
appellant.
Grounds for First Appeal:
Since no information was provided to the appellant within the mandated period of 30
days. The first appeal was preferred.
Order of the First Appellate Authority:
Not mentioned
Grounds for Second Appeal:
Non receipt of information from both the respondents (PIO and deemed PIO) within the
stipulated time as prescribed under Right to Information Act, 2005.
Commission’s order dated 22 July 2009:
The Commission decided that the Delhi Sikh Gurudwara Management Committee was a public
authority under the RTI Act. The Commission observed that part of the information had been
given to the Complainant, the PIO was directed to ensure that the complete information is given
to the Complainant. The Respondent stated that he wanted 30 days to provide the information in
this matter. The Commission did not accept this contention since the RTI Act expects the
information to be provided within 30 days from the filling of the RTI Application. The
Complaint was allowed. The information was directed to be provided to the Complainant before
5 August 2009.
Brief facts leading to the show cause hearing:
The Commission received a letter dated 11/08/2009 from the Complainant stating that no
information had been provided to the PIO and he was asked to present himself on 04/09/2009
and show cause why penalty under Section 20 (1) should not be levied on him, for failure to
provide the information.
Relevant facts recorded during hearing on 4 September 2009:
The following were present:
Appellant: Mr. Inder Mohan Singh
Respondent: N.S. Bandhan, PIO
It has been submitted that no information has been received till date. The PIO has brought
written submissions wherein he has stated the information sought by the Appellant is with Mr.
Ram Singh, General Manager of DSGMC. He has sought assistance from Mr. Ram Singh under
Section 5(4) vide letter dated 28/07/2009 and reminders have been sent on 12/08/2009 and
26/08/2009. However he has not received any response to his letters from the Chairman. It
appears that the PIO was not responsible for the non-compliance of the Commission’s order. The
show cause proceedings against him are hereby dropped. It is decided that a show cause notice
will be sent to the GM of the Committee.
Relevant facts recorded during hearing on 22 September 2009:
Appellant: Mr. Jathedar Kuldip Singh Bhogal
Respondent: Mr. Shamsher Singh on behalf of GM, Mr. Ram Singh, deemed PIO.
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Since Mr. Ram Singh did no appear before the Commission next show cause hearing was
scheduled on 16/10/2009.
Relevant facts recorded during hearing on 16 October 2009:
Appellant: Mr. Inder Mohan Singh representing
Respondent: Absent;
Again on 16/10/2009 he did not appear before the Commission hence a final date for showcause
hearing was given. A notice dated 06/01/2010 was sent to Mr. Ram Singh, General Manager
directing him to appear before the Commission on 01/02/2010 alongwith his written submission.
Relevant facts recorded during hearing on 01 February 2010:
Appellant: Mr. Inder Mohan Singh representing
Respondent: Mr. Ram Singh, GM deemed PIO;
The Deemed PIO Mr. Ram Singh has not bothered to provide any information on queries
3, 4, 5, 6, 7 & 8 to the appellant. The Appellant states that he received the information on queries
1, 2 & 9 on 15/10/2009. The then PIO Mr. Badhan states that the information was held by Mr.
Ram Singh and he could only provide information provided by Mr. Ram Singh. Mr. Ram Singh
offers no reason for not providing the information on points 3 to 8 but states that he will now
provide it before 15 February 2010.
The Commission orders the PIO to provide the information to the Appellant and provide a
compliance report to the Commission before 20 February 2010.
Shailesh Gandhi
Information Commissioner
01 February 2010
(In any correspondence on this decision, mention the complete decision number.)
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