Central Information Commission
Mr.Ca Pawan K Sharma vs Ministry Of Corporate Affairs on 7 December, 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/2012/001305
Dated: 07.12.2012
Name of Appellant : Shri Pawan Kumar Sharma
Name of Respondent : The Institute of Chartered Accountants
of India, New Delhi
Date of Hearing : 29.11.2012
ORDER
Shri Pawan Kumar Sharma, hereinafter called the appellant has filed the present appeal dated 25.2.2012 before the Commission against the respondent The Institute of Chartered Accountants of India (ICAI), New Delhi for not providing satisfactory information in response to his RTI application dated 4.11.2011. The appellant was absent whereas the respondent were represented by Shri N.P. Singh, Sr. JS & FAA, Ms. Seema Gerotra, Deputy Director.
2. The appellant through his RTI application dated 4.11.2011 has sought following information:"(1) Details of concrete action taken by ICAI till date in respect of income collecting and uploading of the income and assets details of various ICAI functionaries including all past and present Central Council Members; and (2) If no concrete action is taken so far, then provide the plausible reasons for not taking such action". The CPIO vide letter No. RTIA:CPIO:1744:2011 dated 7.12.2011 informed the appellant that the Institute functions within the ambit of the Chartered Accountants Act 1949, Rules and Regulations made there under, Council Members-past and present are not 2 Case No. CIC/SS/A/2012/001305 entitled to any remuneration/ perks/ benefits excepting the allowances like TA/DA/Stay Cost which are reimbursement in nature that are fixed by the Central Government from time to time. As such no compensation is payable for the services rendered by them in connection with the affairs of the Institute. Hence the same are not called for and not as such held.
3. Aggrieved with the reply of the CPIO the appellant filed first appeal on 9.12.2011 before the FAA. The FAA vide order No. 29-CA/RTI/AA-269/2011 dated 11.1.2012 upheld the reply of the CPIO.
4. However, aggrieved with the replies of the respondent, the appellant filed the present appeal before the Commission.
5. During the hearing the respondent state that the Council Members are not employees of the Institute. The Council Members are elected and some are nominated by Government. The elected Members are practitioner Chartered Accountants whereas the nominated Members are public servants and some of them are from industry and are not public servants. The respondent state that Members are part-time Members, and no information about their income and assets is maintained by the ICAI.
6. In view of the submissions of the respondent, the Commission finds no reason to interfere with the replies of the respondent, since the RTI application of the appellant has been replied to adequately.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/SS/A/2012/001305 Address of the parties:
Shri Pawan Kumar Sharma, C-10/27, 1st Floor, Sector 15, Rohini, Delhi-110089 Ms. Seema Gerotra, Deputy Director & CPIO, The Institute of Chartered Accountants of India, ICAI Bhawan, Indraprastha Marg, New Delhi-110002.
The First Appellate Authority, The Institute of Chartered Accountants of India, ICAI Bhawan, Indraprastha Marg, New Delhi-110002.