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Decision No. CIC/SG/A/2009/002914/6482
Appeal No. CIC/SG/A/2009/002914
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Yugal Kishore Dwivedi,
RZ-935, Gali No- 14/3, Sadh Nagar, Palam
Colony,
New Delhi- 110045.
Respondent : Mr. M.L.Gupta
Public Information Officer &
Assistant Registrar (Banking)
Government of NCT of Delhi,
Registrar of Cooperative Societies,
Parliament Street, Old Secretariat,
New Delhi.
RTI application filed on : 31/07/2009
PIO replied : 20/08/2009
First appeal filed on : Not enclosed.
First Appellate Authority order : 25/09/2009
Second Appeal received on : 16/11/2009
Date of Notice of Hearing : 19/12/2009
Hearing Held on : 20/01/2010
Information Sought (with reference to Janata Cooperative Bank Ltd).
a) Whether any tender was sought for selling the 200 yard hall of the bank.
b) Whether any business committee was constituted to sell the ‘hall’.
c) The reasons for selling off the property which had been used as a ‘hall’ and the reasons for not
getting the approval of the AGM.
d) Whether any authorized valuer was appointed by the Board for valuation purposes.
e) The name of the person who sold the property. The name of the office which is established at
the current address. Whether any person had benefited from the deal.
Reply of the PIO
a) Advertisement was given in the Hindi edition of Hindi Hindustan Newspaper dated
08/03/2009.
b) ‘Unanimous decision was taken by the Board to dispose off the said property measuring 173
sq yards back portion of the mezzanine floor (front portion of 82 sq yards was purchased by the
ex chairman of the Bank) and a committee under the Chairmanship of Prof AA Ansari was
constituted.’
c) Public notice for shifting the registered office was given in Hindi Hindustan newspaper dated
10/03/2009.
d) ‘Current valuation certificate from two Govt approved valuers were obtained’.
e) Property was sold to Mr Salman Pervez, s/o Mr Nasir Pervez, R/o 1943, Kucha Chelan, Darya
Ganj, New Delhi.
First Appeal:
Not enclosed.
Order of the FAA:
The FAA observed that the bank being a cooperative society did not fall under the purview of
RTI Act. The FAA asked the Appellant to pursue the matter of getting specific information u/s
139 of DCS Act, 2003.
Ground of the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Yugal Kishore Dwivedi;
Respondent: Mr. M.L.Gupta, Public Information Officer & Assistant Registrar (Banking);
The PIO has provided the available information. The Appellant wants other information
about the cooperative bank which is not a public authority. RCS does not have this information
nor is it expected to have this information as per its rules and laws. The RTI Act requires the
public authority to given information held by it or accessed by under its rules and laws and the
RCS is not obliged to obtain other information and provide it under the RTI Act.
Decision:
The Appeal is disposed.
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
20 January 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)