Central Information Commission
Mr.Ca Gurvinder Singh Grover vs Ministry Of Corporate Affairs on 11 July, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000600
Dated: 11.07.2012
Name of Appellant : Shri Gurvinder Singh Grover
Name of Respondent : Institute of Chartered Accountants of
India
Date of Hearing : 28.06.2012
ORDER
Shri Gurvinder Singh Grover, the appellant has filed this appeal dated 5.12.2011 before the Commission against the respondent Institute of Chartered Accountants of India (ICAI), New Delhi for not providing correct and complete information in reply to his RTI applications dated 22.7.2011. The matter came up for hearing on 28.06.2012. The appellant was present and the respondents were represented by Shri N.P. Singh, FAA and Ms. Seema Gerotra, Deputy Director & CPIO.
2. The appellant filed an application dated 22.7.2011 under the provisions of the RTI Act, 2005 in which he sought information on the following seven queries
- "(1) I was allowed inspection of the file on 24.62011 as per CIC order dated 25.4.11. I need a confirmation from you that prior to the inspection, the said file was not tempered by any official; (2) I was informed vide order dated 25.8.2010 that the Audio Cassette has been destroyed. I may please be informed under what Rules the Audio Cassette was destroyed as it was a vital piece of evidence for me before the Council. What is the source of information on the basis of 2 Case No. CIC/SS/A/2012/000600 which it was said to have been destroyed. If no Rules exists it may please be informed when, who and why the Cassette was destroyed. It is very much pertinent to mention here that on the receipt of the report of the Disciplinary Committee, it was observed be me that the findings in the report are based on incorrect facts, statements and submissions that were never made by me have been mentioned to have been so made and also submissions and statements those were made, have been ignored by the Disciplinary Committee (DC); (3) Provide rules for recording of the complete proceedings before the DC. If no Rules exists, then under whose directions the recording was done. It is not out of place to mention here that the ex-President of the ICAI categorically informed during the course of proceedings that complete Audio Cassette will be provided to me; (iv) Provide the date i.e. month and year when first recording, through Audio Cassette, of the proceedings before the DC took place; (5) Provide the procedure for recording of the proceedings before the DC as well as timing of destroying of Audio Cassette (which is vital piece of evidence) i.e. when and how the same is destroyed. Who gives the permission to do so; (6) I may please be informed whether any record has been kept in respect fo person who has been recording, who has been destroying and under whose direction the audio cassettes were destroyed. Provide details for the last five years; and (7) I may please be informed whether such recording of the proceedings before the DC with the same procedure of its destroying is still being done. If no, why and when it was stopped and under what Rules or otherwise under whose direction it has been done." The CPIO vide her letter No. ICAI:RTIA:CPIO:1418:2011 dated 19.8.2011 replied to the appellant as follows: "(1) It is informed that prior to your inspection as per order of CIC, the file was not tampered by any official; (2) As regard the recording of the proceedings, it is informed that it was duly informed to you vide our letter dated 25.8.02010 that the audio cassette recording is only to aid the reporter for taking his notes and thereafter is not preserved for any future reference. It is however, informed that the said fact was duly submitted before the CIC during the hearing of 2nd appeal filed by you under RTI Act against the ICAI. Further, your contention that the report of the DC contains 3 Case No. CIC/SS/A/2012/000600 submissions never made by you and omissions of submission/ statements made, it is informed that you may make pleadings in this regard in the forum of written/ oral submissions on the report of the DC and the same would be considered by the Council at the time of consideration of the report of the DC, for which adequate notice would be given to both the parties; (3) There is no specified rules for recording of the proceedings of the DC. As informed, the audio recording of the proceedings of the DC is being done only to facilitate the reporter who is also taking down manually the proceedings to refer to the Cassette for any assistance/ clarification vis-à-vis his noting taken. Audio recording of proceeding is an internal procedure which is in practice since 1995 and the same is meant for convenience of the reporter only; (4) The exact date/ month of first recording is not available. The process of audio recording of the proceedings of the Committee was initiated sometime during the year 1995 and the same is being continued ever since; (5) As it is informed above, there is no specific procedure for recording the proceedings before the DC as the recording is done from the start to the end of hearing of a case; (6) The audio cassettes of proceedings of the DC are not preserved by the office after transcription of the same is done by the reporters and no such records are maintained in this regard; and (7) The process of audio cassette recording f the meeting of the DC is still being followed and while typed verbatim records of the case are maintained in the file records, however, the cassette(s) are not preserved after the transcription is completed."
3. However, not satisfied with the reply of the CPIO, the appellant filed first appeal on 6.9.2011 before the FAA. The FAA vide his order No. 29-CA/RTI/AA- 202/2011 dated 5.10.2011 has concurred with the reply of the CPIO.
4. During the hearing the appellant filed his written submissions in which he submits that certain vital documents are not a part of the record. The appellant refers to his letter dated 8.12.2011 to the President of the ICAI requesting to know why certain vital papers/ documents are not a part of the complaint record.
4 Case No. CIC/SS/A/2012/000600The Institute has deliberately destroyed the Audio Cassette, the vital piece of evidence, and also tampered with the file. On the other hand the respondent submit that recording of the proceedings of the Disciplinary Committee is being done only to facilitate the reporter who also takes down manually the proceedings, to refer to the Cassette for any assistance vis-à-vis his noting taken. Audio recording of proceeding is an internal procedure and after typing verbatim records, the Audio Cassettes are not preserved after the transcription is completed.
5. Having considered the submission of the respondent, the Commission is of the view that requisite information as held by the public authority has been provided to the appellant. However, the Commission hereby directs the CPIO to provide the name of the person who recorded the aforementioned Audio Cassette, when the audio cassette was destroyed. The CPIO will reply to the appellant regarding his contention that certain vital papers/ documents are not a part of the complaint record and explain to him the reasons thereof. The CPIO will also provide copies of these documents, if any, free of cost, to the appellant. The CPIO will comply with the directions of the Commission within two weeks of receipt of this order.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 5 Case No. CIC/SS/A/2012/000600 Address of the parties:
Shri Gurvinder Singh Grover, 5147, Sector B-7, Vasant Kunj, New Delhi-110070.
The CPIO, The Institute of Chartered Accountants of India, ICAI Bhawan, Indraprastha Marg, Post Box No. 7100, New Delhi-110002.
The First Appellate Authority, The Institute of Chartered Accountants of India, ICAI Bhawan, Indraprastha Marg, Post Box No. 7100, New Delhi-110002.