Central Information Commission
Prem Shanker Agrawal vs Cooperative Societies on 29 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/COPSO/C/2023/121322
Prem Shanker Agrawal ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
Asst. Registrar O/o
Registrar Cooperative
Societies, Sector- 18, U.T.
Chandigarh- 160017 ....प्रनतवािीगण /Respondent
Date of Hearing : 22.07.2024
Date of Decision : 26.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 17.03.2022
CPIO replied on : 28.06.2022
First appeal filed on : 01.06.2022
First Appellate Authority's order : 13.07.2022
2nd Appeal/Complaint dated : 29.03.2023
Information sought:
The Complainant filed an RTI application dated 17.03.2022 seeking the following information:
"Please supply the information/document under section 2(f) and 2(i) of RTI ACT, 2005 as the applicant did not receive any reply of application dated 17.11.2020 sent through speed post to the O/O the Advisor, U. T. Administration, U. T. secretariat, Sector-9, Chandigarh - 160009, with the subject NO REPLY AND Page 1 of 5 ACTION ON THE APPLICATION BY ADDITIONAL REGISTRAR, COOPERATIVE SOCIETIES, UT CHANDIGARH which was delivered in the office on 18.11.2020 by the India Post.
1. Certified Copy of the application dated 17.11.2020 received in the O/o the Advisor, U. T. Administration, U. T. secretariat, Sector-9, Chandigarh - 160009.
2. Certified Copy of the day to day action with note on the application dated 17.11.2020 taken by the deptt. to remove the Encroachment from common open area done by the ground floor residents of C.S.I.O. Society, Vigyan Vihar, Sector-49-A, Chandigarh-160047.
3. Certified Copy of the final action taken report submitted to the O/o the Advisor, U. T. Administration, U. T. secretariat, Sector-9, Chandigarh - 160009 by the ADDITIONAL REGISTRAR, COOPERATIVE SOCIETIES, UT CHANDIGARH after taking action on the ground after removing the illegal encroachment done upon common open area by the CSIO Society, Vigyan Vihar, Sector-49-A, Chandigarh-160047 ground floor residents as informed vide application dated 03.05.2019 to the ADDITIONAL REGISTRAR, COOPERATIVE SOCIETIES, UT CHANDIGARH.
4. Certified Copy of the letter wrote to the Chandigarh Police, after verifying the facts as mentioned in the application dated 17.11.2020, by the O/o ADDITIONAL REGISTRAR, COOPERATIVE SOCIETIES, UT CHANDIGARH to register an FIR against residents of the ground floor of CSIO Society, Vigyan Vihar, Sector-49-A, Chandigarh who has submitted the false affidavit in the O/o ADDITIONAL REGISTRAR, COOPERATIVE SOCIETIES, UT CHANDIGARH to get the No Objection Certificate?
5. Certified Copy of the action taken by the O/o ADDITIONAL REGISTRAR, COOPERATIVE SOCIETIES, UT CHANDIGARH to cancel the Conveyance Deed got registered by the Sub-registrar of U.T. Chandigarh in the name of residents of the ground floor of CSIO Society, Vigyan Vihar, Sector-49-A, Chandigarh after submitting No Objection Certificate obtained from the O/O ADDITIONAL REGISTRAR, COOPERATIVE SOCIETIES, UT CHANDIGARH after submitting the false affidavit.
6. Certified copy of the New Notification of Chandigarh Administration (Finance department) sent to the Cooperative Societies which authorize the President/Secretary of the Societies to demand and accept the. Rs.25000/- as processing fee for the execution of Conveyance Deed after the expiry of the old Page 2 of 5 Notification No. 31/1/452-UTFI(4)-2018/21050 DATED 14/11/18 which was valid up to 31.01.2020.
7. Certified copy of the list of activities/items which are to be performed by the president/Secretary of the Society for the execution of conveyance deed against the processing fee of Rs.25000/- to be taken/charged from the resident of the society."
The CPIO furnished a point-wise reply to the complainant on 28.06.2022 stating as under:
"1. Certified copy of the application dt 17.11.2020 containing 01 page is enclosed.
2. This office vide memo no. 5510 dt 31.11.2020 requested to the Tehsildar (E) to seek report from the SDO (Building) on the issue. (01 page is enclosed).
3. As the action is to be taken by the Tehsildar (E) or SDO (Building) this office has not sent any report to the Administration in this regard.
4. In the application dt 17.11.2020, you have not mentioned who has given the false affidavit to the society. Moreover, the society, Tehsildar (E) or SDO (Building) has to taken action.
5. The society has to approach the concerned authority, if any member has filed false affidavit.
6. Pl. mention the number and date of the notification.
7. Pl. mention the number and date so that this office may be enable to supply the information."
Being dissatisfied, the complainant filed a First Appeal dated 01.06.2022. The FAA vide its order dated 13.07.2022, directed the CPIO to provide the information in respect of point No. 2 to the appellant within 7 days.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-Page 3 of 5
Complainant: Present through VC.
Respondent: Absent.
The Complainant stated that he is not satisfied with the reply provided by the Respondent qua the instant RTI Application.
The Respondent did not participate in the hearing despite being served the hearing notice in advance.
A written submission has been received from Mrs. Saroj Khillan, CPIO-cum- Senior Assistant, vide letter dated 15.07.2024, a copy of which has been sent to the Complainant and the same has been taken on record. The relevant extract of the same is as under:
"1. The applicant has already been informed vide letter no. 135 dated: 28.06.2022 (Copy of the same is enclosed as Annexure R-1). Copy of the application dt: 17.11.2020 containing 01 page is enclosed as AnnexureR- 2).
2. The applicant has already been supplied a copy of this office letter no. 5510 dt:
31.11.2020 Copy of the same is enclosed as Annexure R-3), whereby Tehsildar (E), Estate Office, Chandigarh was requested to chalk out the encroachment drive at his own level after seeking report form the SDO (B). Thereafter, the applicant filed the appeal before the First Appellant Authority. The First Appellant Authority in Appeal No. 7 of 2022 disposed of the appeal with the directions to the CPIO to supply revised reply in respect of point No. 2 to the appellant within 7 days (Copy of the order of the First Appellant Authority is enclosed as Annexure R-4). This office has supplied the revised reply vide this office memo no. 170 dt: 30.08.2022 to the applicant (Copy of the same is enclosed as Annexure R-5). This office also received a communication from Tehsildar (Enf.) on 03.07.2024 (Copy enclosed as Annexure R-6) intimating that all the encroachments have been removed in the society.
3. The applicant has already been informed vide letter no. 135 dated: 28.06.2022 (Copy of the same is enclosed as Annexure R-1). However, this office received a communication from Tehsildar (Enf.) on 03.07.2024 (Copy enclosed as Annexure R- 6) intimating that all the encroachments have been removed in the society.
4. The applicant has already been informed vide letter no. 135 dated: 28.06.2022 and further in the revised reply vide letter dated 30.8.2022 (Copy of the same is enclosed as Annexure R-5).
5. The applicant has already been informed vide letter no. 135 dated: 28.06.2022 (copy already enclosed as Annexure R-1) to approach the concerned authorities for the purpose.
Page 4 of 56. The applicant has already been informed vide letter no. 135 dated: 28.06.2022 is already enclosed as Annexure R-1).
7. The applicant may approach the competent authority who notified the policy."
Decision Keeping in view the facts of the case and the submissions made by the Respondents, the Commission observes that the instant matter is a Complaint filed u/s 18 of the RTI Act, 2005 where the Commission is only required to ascertain if the information has been denied with a mala fide intent or due to an unreasonable cause which the Commission concludes in favor of the Respondent. Hence, no intervention of the Commission is required in the instant Complaint.
Before parting with the case, it is noted that the Respondent has neither appeared before the Commission nor has informed the Commission regarding the reason for her absence. Thus, the Commission takes grave exception to the absence of the CPIO during the hearing despite being served the hearing notice and she is admonished for the same.
The Complaint is dismissed accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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