CENTRAL INFORMATION COMMISSION
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Decision No.CIC/SG/A/2010/000724/7394
Appeal No. CIC/SG/A/2010/000724
Appellant : Mr. M. L. Katariya,
B-204, B-Block, HIG,
Jhulelal Apartment,
Pitampura, Delhi-110034
Respondent : Assistant Registrar(NW) & PIO
O/o the Registrar of Cooperative Societies
Govt. of NCT of Delhi, Paliament Street,
New Delhi-110001
RTI application filed on : 22/12/2009
PIO replied : Not replied.
First Appeal filed on : 29/01/2010 First Appellate Authority order : 09/02/2010 Second Appeal Received on : 19/03/2010 Information sought:
Appellant sought following information in reference to a letter dated 25/07/2005 with regard to
regularisation of allotment of flats issued by AR(NW) to the Jhulelal SNCGH Society:
a. True copies of reports submitted by the society in compliance of the provisions of DCS
Rules.
b. The date on which the society has submitted the information as required vide the above
letter dated 25/07/2005.
c. In case the society has not submitted the information, details of action taken by the office
of RCS against the society since the issuance of the letter dated 25/07/2005 till date.
PIO’s Reply:
Not enclosed.
Grounds for First Appeal:
Information was not provided.
Order of the First Appellate Authority:
“The SPIO is directed to provide point-wise reply as per record available, to the Appellant within
15 days.”
Grounds for Second Appeal:
Noncompliance of FAA’s order.
Decision:
The Commission has perused the documents submitted by the Appellant. The Appellant filed a
RTI Applications on 22/12/2009. As the Appellant did not receive any reply he filed a First
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Appeal on 29/01/2010. The First Appellate Authority held a hearing in the matter on 08/02/2010
which was attended Mr. KK Malhotra, Dealing Assistant on behalf of the SPIO. The First
Appellate Authority directed the AR (NW) & SPIO vide order dated 09/02/2010 to provide
specific point-wise reply to the Appellant as per available records within 15 days of issue of the
order. However, till the date of filing of Second Appeal (17/03/2010), the Appellant had not been
provided any information by the PIO.
The information as directed by the First Appellate Authority clearly falls within the definition of
Section 2(f) of the RTI Act and no exemption can be claimed to refuse disclosure by the PIO. If
the information would not have been available with the PIO or if any exemption under Section
8(1) or 9 applied in the present case, the First Appellate Authority would have made an
observation in that respect. However, no such observation has been made. The Commission
therefore directs the AR (NW) & SPIO to comply with the order of the First Appellate Authority
and provide the point-wise specific information to the Appellant before 30 April 2010.
The Appeal is allowed.
Complete point-wise information should be provided to the Appellant before 30 April 2010.
The AR(NW) & SPIO is directed to submit proof of sending the information to the Appellant to
the Commission before 05 May 2010.
From the facts before the Commission it is apparent that the AR (NW) & SPIO is guilty of not
furnishing the complete information within the time specified under sub-section (1) of Section 7.
He 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 had clearly
ordered the information to be given. It appears that his actions attract the penal provisions of
Section 20 (1). A show cause notice is being issued to him, and he is directed to give his reasons
to the Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 13 May 2010 at
11.30 a.m. along with his written submissions to show 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
and for not complying with the order of the First Appellate Authority, the AR (NW) & SPIO is
directed to inform such persons of the show cause hearing on 13 May 2010 and direct them to
appear before the Commission on 13 May 2010 along 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
07 April 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj
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