CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00106
Dated, the 16th September, 2008.
Appellant : Shri B.D. Sharma
Respondents : Registrar Cooperative Societies
This matter was heard on 09.09.2008 in the presence of the appellant and
the respondents were represented by Shri Sushil Kumar, Assistant Registrar
(NW) & SPIO.
2. Through his RTI-application dated 01.11.2007, appellant had asked for
certified true copies of complete audit reports submitted by the ESIC Friends
Cooperative Group Housing Society, White House Apartments, from the year
1995 onwards. The Registrar of Cooperative Societies is the custodian of these
Audit Reports.
3. The SPIO in his reply dated 27.11.2007 stated that the requested Audit
Reports were not traceable despite efforts being made to trace these out.
4. The Appellate Authority stated that the appellant was not entitled to any
information under the RTI Act as Section 139 of the Delhi Cooperative Societies
Act, 2003 laid down the parameters for disclosure of information by Cooperative
Societies. He further stated that as the Delhi Cooperative Societies Act and the
Rules were specific legislation corresponding to the RTI Act, which was a
general legislation, the former would supersede the latter.
5. During the hearing, appellant pointed out that contrary to what the
Appellate Authority had stated, the information ⎯ the Audit Reports ⎯ he was
seeking was not from the Cooperative Society but from the Registrar of the
Cooperative Societies. Section 139 of the Delhi Cooperative Societies Act cited
by the Appellate Authority pertained to information to be had as held by
Cooperative Societies and not as held by the Registrar of the Cooperative
Societies. Appellant contended that the Registrar of Cooperative Societies was a
proper public authority under the provisions of the RTI Act and was, therefore,
obliged to provide to the appellant the information which the RCS admittedly
holds.
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Decision:
6. Commission is wholly in agreement with the appellant’s contention.
The Appellate Authority has been entirely remiss in concluding that information
such as this one should be sought under Section 139 of the DCS Act. As the
requested information is known to be held by the Registrar’s office itself, he will
have to deal with this disclosure request under the RTI Act and not the DCS Act.
7. The Appellate Authority ⎯ Shri D.N. Singh ⎯ is warned to exercise due
diligence and care in handling matters such as this and refrain from being so
negligent and casual as he has been.
8. The CPIO stated during the hearing that it is true that Audit Reports of
Cooperative Societies are held by the Audit Wing of the Registrar of Cooperative
Societies. On receiving the RTI-application of the appellant, CPIO had made a
diligent search for the Audit Reports and could locate only two sets of these
reports ⎯ for the years 2001-2002 and 2005-2006. The other reports could not
be traced.
9. The Commission is pained at the manner in which the Registrar of
Cooperative Societies has dealt with important documents which formed the
basis of evaluation of the functioning of the Cooperative Societies and enforcing
accountability on their management. That such important documents which are
meant to be carefully retained could be allowed to become “untraceable” itself
tells the story of a poor record management as well as the irresponsibility of the
officers of this department.
10. It is important that such matters are viewed seriously and those
responsible are made to account for it.
11. It is directed that the Registrar Cooperative Societies shall hold an enquiry
through a senior officer of the department to establish why and how these Annual
Reports / Audit Reports were allowed to go missing and fix the responsibility for
their loss. This enquiry shall be completed within four weeks from the date of
receipt of this order and the enquiry report shall be submitted to the Commission
within six weeks of the date of this order.
Complaint:
12. Appellant has also made a complaint against mala-fide denial of
information to him. Notices may issue for penalty under Section 20(1) of the Act
to the SPIO and the Audit Officer / officers who are known to be currently the
custodians of this information, i.e. the Audit Reports of the above-mentioned
Cooperative Society from the years 1995 till today. Returnable in two weeks.
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13. Notice under Section 19(8)(b) may be issued to the Registrar of
Cooperative Societies as well as to the Appellate Authority, Shri D.N. Singh to
show cause as to why a compensation of Rs.1,00,000 not be awarded to the
appellant for the detriment suffered by him on account of the alleged negligence
with which his petition was treated by the officers of the public authority
especially by the Appellate Authority. Returnable in two weeks.
14. Copy of this decision be sent to the parties.
Sd/-
(A.N. TIWARI)
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
(D.C. SINGH)
Assistant Registrar
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