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Decision No.CIC/SG/A/2010/000471+ 000472/7527
Appeal No. CIC/SG/A/2010/000471+000472
Appellant : Mr Sanjay Chiripal,
N-1 Rivera Apts
45 Mall Road, Delhi-110054
Respondent : Mr. M. L. Gupta
Public Information Officer &
Assistant Registrar (Audit)
O/o the Registrar Cooperative Societies,
Govt. of NCT of Delhi,
Parliament Street, New Delhi
RTI application filed on : 13/11/2009
PIO replied : 11/12/2009
First Appeal filed on : 15/12/2009
First Appellate Authority order : 05/01/2010
Second Appeal Received on : 19/02/2010
Notice of Hearing Sent on : 19/03/2010
Hearing Held on : 21/04/2010
Sl.No Information Sought PIO's Reply
Para 1. What are the powers that have been delegated to the Audit Questions and
Department in the in the Office of the RCS? What are their Query does not
duties and functions? cover under the RTI
Act.
Para 2. In replies under RTI, AR(Audit) has maintained that they do No information is
not keep a track of the Special Audits that have been ordered sought.
by the Office of the RCS particularly in view of the fact that
the Orders for Special Audits are ordered by the AR(Audit)
himself, though after the approval of Competent Authority.
Para 3. AR(Audit) has maintained in other reply under RTI that they No information is
have not reported the matter to either ICFAI or any other sought.
relevant department in Delhi after they have Black Listed one
Auditor namely M/s Garg Anil & Co.,
Para 4. Who in the Office of the RCS maintains a track of the Special Questions and
Audits that have been ordered, whether or not they have been Query does not
completed or not and what is the position of the audit reports cover under the RTI
after the year for which special audit has been ordered. Who in Act.
the Office of the RCS informs the ICFAI or any other relevant
department in Delhi about any misconduct that may have been
conducted by the Auditors on its panel?
Grounds for First Appeal:
Incomplete Information.
Order of the First Appellate Authority:
"The SPIO/AR(Audit) has given a point-wise reply on 11/12/2009 to the Applicant. On the face
of it, the reply given to the Applicant. On the face of it, the reply given to the Appellant is not
proper. A proper reply may be given to the Applicant. A proper reply may be given to the
Applicant by SPIO/AR(Audit) within two weeks positively."
Reply dated 15/01/2010 after FAA's order:
1. Copy of the order dt. 08/09/2008 regarding delegation of Power.(Enclosed).
2. The register regarding Special Audit is being maintained.
3. Not reported.
4. A register regarding special audit has been prepared to monitor the cases of special
audit.
AR(Audit) has to inform about any misconduct by the panel auditor with the approval
of RCS.
Grounds for Second Appeal:
Incomplete information.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr Sanjay Chiripal;
Respondent: Mr. M. L. Gupta, Public Information Officer & Assistant Registrar (Audit);
The Appellant has been told that the duties and functions of the audit department have
not been specified by the RCS. This is required to be done under Section-4 of the RTI Act. The
Commission directs the Registrar of Cooperative Societies to define the duties and functions of
the audit department.
Decision:
The appeal is allowed.
The Registrar of Registrar of Cooperative Societies to define the duties and
functions of the audit department and put it on its website in discharge of its
obligation under Section-4 of the RTI Act. This must be done before 20 May 2010
and compliance report will be sent to the Commission and the Appellant before 25
May 2010.
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
21 April 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj
CC:
To,
Registrar
O/o the Registrar Cooperative Societies,
Govt. of NCT of Delhi,
Parliament Street, New Delhi