Central Information Commission
Mrs. Thelma Santiago, Delhi vs Registrar Co-Operative Society, Gnct, ... on 30 January, 2009
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CENTRAL INFORMATION COMMISSION
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Case No. CIC/AT/A/2008/00261 & 262
Dated: 30.1.2009
Appellant : Mrs. Thelma Santiago, Delhi Respondents : Registrar Co-operative Society, GNCT, Delhi
These two second-appeals dated 26.2.2008 are filed by Mrs. Thelma Santiago, Delhi against the decision dated 23.10.2007 of Appellate Authority (AA) of Registrar Co-operative Society, GNCT, Delhi, corresponding to her two RTI requests both dated 20.8.2007 bearing I.D. No. 2845 and 2846 respectively.
2. Through her RTI requests 20.8.2007, the appellant Mrs. Thelma Santiago had asked certain information from the SPIO, Registrar Co-operative Society relating to third party, viz. St. Xavier' Co-operative Group Housing Society Ltd.
3. In her second appeal dated 26.2.2008, the Appellant pleaded that no complete information was provided to her. The SPIO allegedly did not comply with the order of AA to provide information within 10 days. The appellant, therefore, requested that clear and detailed information be made available to her.
4. Pursuant to Commission's notice dated 27.5.2008, the matter was heard on 14.7.2008. The respondents were represented by Shri R.K. Saxena, Asstt. Registrar & SPIO and Shri Mahender Singh, S.I. Representatives of appellant and the 3rd party were also present.
5. During the hearing, the appellant submitted her rejoinder / written submission dated 14.7.2008 alleging that respondents had given incorrect / misleading information in respect of item Nos.1(ii); 1(v); 1(vi); 1 (vii); 1(viii); 2(iii); 3(iv)(a), 3(iv)(b) and 4 of ID No. 2845 and Item Nos. 1(i); 1(ii) and 1(iii) of ID No. 2846.
6. During the course of hearing, the SPIO informed that as the items of information were not easily identifiable, the AA had directed the appellant to submit a note of identifiable information to SPIO. On receipt of a note dated 8.11.2007 from the appellant, SPIO convened a meeting where the appellant and the third-party were present. The SPIO vide communication dated 13.12.2007 forwarded a copy of reply, received from 3rd party, to the appellant and also advised the appellant to inspect the records at the office of the said Society. It was also informed by SPIO that the detailed item-wise information had again been provided to the appellant on 4.7.2008 and 7.7.2008 by hand delivery.
17. The details of items under dispute and the replies given by the respondents are as under:
(A): Case No. CIC/AT/A/2008/00261 [I.D. No. 2845] Item 1(ii): Q: Copies of the no-confidence motion/resolution presented against me, the Secretary and the Minutes of the meeting held under section 36 of DCS Act 2003.
Reply: The M.C. Members in its meeting dated 14.1.2007 resolved approved for removal of Mrs. Thelma Santiago from the post of Secy. Copy of M.C. Meeting dated 14.1.2007 already supplied by A.R. (NW) vide there letter no. F/47/100/GH/NW/1189 dated 13.3.2007.
Item 1(v): Q: How many eligible and non-eligible members attended the meeting and how many eligible and non-eligible members voted for the no confidence motion in the meeting held under Section 36 the no confidence motion in the meeting held under Section 36 of DCS Act 2003.
Reply: This query has already been replied on 30.5.2008 again the Q. No. 16 of ID No. 2104 of 10.4.2007 Item 1(vi): Q: Who was elected as an alternate / ad-hoc Secretary of the Society at that meeting as required under Section 36 of DCS Act 2003 Reply: Smt. Jaya Laxmi V.P. elected was asked to officiate as Secy. as per resolution passed in care taking M.C. meeting held on 6.8.2007 Item 1(vii): Q: Please quote the law provision under the authority of which the Managing Committee at its own level can remove an officer and the SGBM held under section 33 (and not under section 36) of DCS Act 2003 has authority to remove the committee or an officer.
Reply: Information has already been provided by A.R.M.W. vide there letter F/47/100/GH/NW/2027 dated 26.4.2007 against I.D. no. 2105 dated 10.4.2007 Item 1(viii): Q: Correct information about the validity of myself - Mrs. Thelma Santiago continuing as valid member of managing committee, caretaker committee and as valid Secretary of the society.
Reply: Mrs. Thelma Santiago continued as valid member of managing committee up to 13.1.2007 and the M.C. Members in its meeting dated 14.1.2007 resolved and approved for removal of Mrs. Thelma Santiago from the post of Secy. which was confirmed by A.R. (NW) vide there letter no. F/47/100/GH/NW/1189 dated 13.3.2007 2 Item 2(iii): Q : Out of 23 signatures, how many are regular members of the society and how many are non-members Reply: The appellant is requested to collect himself the sought information from the copy of the complaint containing the 23 signatures, enclosed herewith Item 3(iv)(a): Q: Information on the provision/rule of DCS Act 2003/DCS Rules 1973 under which authority a caretaker M.C. most of the whose members had resigned several weeks earlier and are now supposed to be waiting for election of a new M.C., can elect office bearers like the Treasurer and can reopen accounts in the bank which were frozen earlier Reply: As per Rule 44(1) of DCS rules 2007, Management committee/care taking M.C. can nominate Secretary/Treasurer.
Resigned managing committee can officiate the work of Managing committee till taking over the charge by the newly elected Managing committee members of the Society or the Administrator appointed by the department.
Item 3(iv)(b): Q: Information on the particulars of cheques drawn on the banks from the accounts of the Society since 20.5.2007 - particulars such as Nos. and dates of the cheques, the amount withdrawn, the purpose for which amounts were drawn, the authorized signatories of each cheque.
Reply: The Accountant, copy of which will be provided on completion of the financial accounts containing the desired information, is preparing the accounts of the Society for the financial year 2007-08 Item 4. Q: Please give information AS to the exact provision of the code of conduct of govt. officials, which the SPIO appears to have violated Reply: The information asked is not covered under RTI provisions. However, it is informed that the removal of office bearers of Society by the M.C. / SGBM is covered under section 36 of DCS Act, 2003 (B): Case No. CIC/AT/A/2008/00262 [ I.D. No. 2846 ] Item 1(i): Q : Copy of the SPIO communication send to Mr. Vinod Samuel, the President / the Outgoing Secretary forwarded copy of my representation letter dated 28.6.2007 with enclosures, presented to Shri U.K. Wora, Registrar of Co-opeative Societies personally by me..
Item 1(ii): Q : Copy of the comments received from Mr. Vinod Samuel, the Outgoing Secretary on my representative letter dated 28.6.2007 with enclosures personally presented to Shri U.K. Wora, Registrar of Cooperative Societies.
3Reply: Office files exhibits that first appellants authority/Joint Registrar of the society vide their order no JRCS/Coop/RTI/331-32/2007/1800 dated 23.10.2007 had requested appellant to inspect the office file for taking the desired information but the appellant did not inspect the records available in the office of AR (NW).
In the original RTI application the appellant had sought the copies of letter up to 28.6.2007.
Item 1(iii): Q: Information as to what action has been taken/will is taken by the Registrar of Cooperative Societies to initiate proceedings against Mr. Vinod Samuel, the Outgoing Secretary of our Society under Section 38(1)(b) and 38(1)(c) of DCS Act 2003 through the Magistrate & the Police for not handing over records to me. The incoming Secretary even after a year of records to do so and to impose penalty on Mr. Vinod Samuel as described under Section 118(3) of DCS Act 2003 for not handed over records to me, the incoming Secretary since 29.10.2006 - now for more than a year.
Reply: However it is informed that no action has been taken by the office of registrar of co-op. societies under Section 38 of DCS Act against Mr. Vinod Samuel, the Outgoing Secretary due to mutual disputes between M.C. and the appellant Mrs. Thelma Santiago, Ex. Secretary already removed by the M.C. in its meeting held on 14.01.2007.
Decision:
8. On perusal of the replies given by the respondents, Commission finds no infirmity in the disclosure made by the respondents. However, in respect of Item 3(iv)(b) of I.D. No. 2845 (Case No. A-08/161), the respondents have committed to provide information on completion of the financial accounts of the Society for the financial year 2007-08. SPIO is directed to disclose the information within 2 weeks of receipt of this order. Regarding Item Nos. 1(i) and 1(ii) of I.D. No. 2846 (Case No. A-08/162), though the respondents had offered the inspection to the appellant; yet the appellant had not availed the opportunity. However, since the information asked by the appellant is very specific, the SPIO is directed to disclose the information within 2 weeks of receipt of this order.
9. Appeal is disposed of with these directions.
10. Copy of this decision be sent to the parties.
Sd/-
(A. N. TIWARI) INFORMATION COMMISSIONER 4 Authenticated by Sd/-
(D. C. Singh) Assistant Registrar 5