CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001158/8174
Appeal No. CIC/SG/A/2010/001158
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Lokeshwar Pal Singh
G-6, Jagjit Nagar,
Delhi- 110053.
Respondent : Mr. M. L. Gupta
Public Information Officer &
Assistant Registrar (Recovery) ,
Registrar of Co-operative Societies,
Government of NCT of Delhi,
Sansad Marg, New Delhi.
RTI application filed on : 30/11/2009
PIO replied : Not replied.
First appeal filed on : 25/01/2010
First Appellate Authority Ordered on : 05/02/2010
Second Appeal received on : 04/05/2010
Information Sought:
The Appellant sought reply to para 4 of the original RTI filed by him on 30/11/2009. In the
aforementioned paragraph the appellant had requested the Respondent to furnish a copy of
original record that the Society had shown to the respondent’s satisfaction while issuing Form
No. 28 in Case No. 807/AR/ARB/08-09.
Reply of the Public Information Officer (PIO):
Not replied.
Ground of First Appeal:
First Appeal not enclosed by the Appellant.
First Appellate Authority (FAA) ordered:
The PIO/Assistant Registrar, North East Zone had been directed to provide the appellant with the
specific reply as per record available within 15 days of the order.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent;
Respondent : Mr. R. K. Jain, Inspector (G-II) on behalf of Mr. M. L. Gupta, PIO & AR(Recovery);
Mr. Dhirender Singh, UDC representing Mr. Ved Prakash, AR(Arbitration);
The respondent shows that the information on query no. 5 & 7 were provided by Dy.
Registrar Recovery on 09/02/2010 in compliance with the order of the FAA. However Asstt.
Registrar (NE) Mr. R. K. Saxena has sent the information on query-8 only on 10/06/2010. The
FAA had ordered that the information should be provided within 15 days of the issue of the order
on 05/02/2010 i.e. before 19/02/2010.
Decision:
The Appeal is allowed.
The information appears to have been provided.
The issue before the Commission is of not supplying the complete, required information by
the PIO and Asstt. Registrar (NE) Mr. R. K. Saxena within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is 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. He has further refused to obey the orders of his
superior officer, which raises a reasonable doubt that the denial of information may also be
malafide. The First Appellate Authority has clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause
notice is being issued to him, and he is directed give his reasons to the Commission to show
cause why penalty should not be levied on him.
Asstt. Registrar (NE) Mr. R. K. Saxena will present himself before the Commission at the above
address on 13 July 2010 at 2.30pm alongwith his written submissions showing cause why
penalty should not be imposed on him as mandated under Section 20 (1).
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.
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
17 June 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)
CC:
To,
Asstt. Registrar (NE) Mr. R. K. Saxena through Mr. R. K. Jain, Inspector (G-II)