CENTRAL INFORMATION COMMISSION
Club Building (Opposite Ber Sarai Market),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/000928/3656
Appeal No. CIC/SG/A/2009/000928
Relevant Facts
emerging from the Appeal:
Appellant : Mr.Rama Shankar Prasad Singh
Bharat Petroleum Corporation Institution,
Bijwasan, New Delhi-110061.
Respondent : Mr. Tej Singh A.R.
Asstt. Registrar (Audit) & SPIO
Govt. of N.C.T. of Delhi
Office of the RCS,
Parliament Street, New Delhi.
RTI application filed on : 06/11/2008
PIO replied : 04/12/2008
First appeal filed on : 16/12/2008
First Appellate Authority order : 29/01/2009
Second Appeal received on : 27/04/2009
The Appellant has sought following information in respect of his application ID No. 5472/RTI
u/s 19 of the Right to Information Act, 2005:-
Sl. Information sought PIO's reply
1 Where is reserve fund The Reserve Fund of the society has been deposited
deposited up to till date.. with the Delhi State Co-op Bank Janpath Branch,
New Delhi.
2. Loan given to the This being an internal matter of the society and is
members within five not explainable. Reply to the same may be given
years.
3. Audit Report to three Audit report for the year 2005-06 has been
years 2005-06, 2006-07, submitted to the Audit Department of this office.
20070-08. Audit for the year 2006-07 has been completed and
the report for the same will be submitted within this
week.
The First Appellant Authority’s Order:
The First Appellant Authority’s Order that “the reply submitted by the society is being sent to the
appellant by Speed Post. The reply was not handed over to the appellant during the proceeding
as the person carrying it was not having M.C. resolution. In case the appellant finds any
infirmity in reply, he may approach this office again with specific details of information not
supplied/short supplied or wrongly supplied.”
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr.Rama Shankar Prasad Singh
Respondent: Mr. Tej Singh A.R., PIO
The PIO states that most of the information should have statutorily. Hence RCS goes about
asking societies for whatever information sought by the citizens. This shows that RCS fails in
discharging its basic duty of getting information about the societies and monitoring. The PIO
takes a position that the details of loans given by the societies,- which are a part of the report
given by the societies,- cannot be given since it is third party information. The PIO should read
the law and understand that the mere fact that the information is of a third party does not form a
ground for rejection. The PIO has given no exemption clauses of Section 8(1) for denying the
information. Hence the entire information must be given to the appellant, which includes the
complete audit report.
Decision:
The appeal is allowed.
The PIO will give the complete information before 25 June 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
11 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
AK