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Decision No.CIC/SG/A/2010/000179/7018
Appeal No. CIC/SG/A/2010/000179
Appellant : Mr. Santosh Kumar Pandey
S/o Shri. S. P. Pandey,
E-16, Pradhan Chowk,
Sadh Nagar, Palam Colony,
New Delhi-110045
Respondent : Mr. M. L. Gupta
Public Information Officer &
Asstt. Registrar(Banking)
O/o the Registrar Co-operative Societies,
Govt. of NCT of Delhi, Old Courts
Building, Parliament Street, New Delhi-
110001
RTI application filed on : 14/09/2009
PIO replied : Not mentioned.
First Appeal filed on : 22/10/2009
First Appellate Authority order : 24/12/2009
Second Appeal Received on : 20/01/2010
Information sought:
The Appellant sought information regarding his application submitted to the Janta Co-Operative
Bank Ltd. for membership. He sought photocopy of his application form, name of Directors
present in sitting in which her application was rejected, reasons/grounds for rejecting her
application, total members included in Income Oath Certificate during last 6 months. The
Appellant sought information vide five points.
PIO's Reply:
The Chairman/CEO, Janta Cooperative Bank Ltd., New Delhi-02 was directed by the PIO vide
letter dated 10/09/2009 for supply information directly to the Appellant under/section 2(f) of
DCS Act 2003.. Since all the information asked pertains to the Bank & nothing relating to the
office of the RCS.
Grounds for First Appeal:
Information was not provided.
Order of the First Appellate Authority:
"I have gone documents filed with regard to the appeal and find information asked by the
appellant pertains to the bank and not from the office of SPIO. It is clarified that bank being
cooperative society is not a public authority under Right to Information Act and therefore the
information available with the bank is not accessible under the RTI ACT, 2005. This view has
been supported by CIC vide their decision no. CIC/SG/A/2009/000574/3279 dated 15.05.2009.
The Appellant is directed to take recourse of Section 139 of DCS Act, 2003 read with Rule 165
of D.C.S. rules, 2007, being member of cooperative bank and seek information from the
concerned cooperative bank".
Grounds for Second Appeal:
Information was not provided.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Yugul Kishor Dwivedi representing Mr. Santosh Kumar Pandey;
Respondent: Mr. Narendra Kumar on behalf of Mr. M. L. Gupta PIO & AR(Banking);
The Respondent states that the information sought by the Appellant is not with RCS and has
outlined in the FAA’s order this information cannot be provided since it is not held by the RCS.
The cooperative society is not a Public Authority hence the RTI application cannot be transferred
to it.
Decision:
The appeal is disposed.
The information sought is not held by the Public Authority.
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
04 March 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj