Central Information Commission
Mr.Lekh Raj Madan vs Government Of Nct Of Delhi on 26 February, 2014
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/AD/A/2012/003673SA
(Lekh Raj Madan Vs. Delhi Coop. Hsg. Fin. Corpn.)
Appellant : Lekh Raj Madan
Respondent : Delhi Cooperative Housing
Finance Corporation
Date of hearing : 26.2.2014
Date of decision : 26.2.2014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the
RTI Act
Result : Appeal allowed / disposed of
FACTS
Heard today dated 26.2.14. Appellant present. Public Authority is represented by Ms.Anita Agarwal and Shri V.M.Pande.
2. The Appellant filed an RTI Application dt.Nil with the PIO, Delhi Cooperative Housing Finance Corporation. According to him, the Public Authority vide letter dt.6.10.10 had admitted that Jeewan Jyoti CGHS Limited was released the loan instalments of Rs.53.00 lakhs on 20.12.1998 and Rs.21.80 lakhs on 16.6.89 after the default was noticed in September 2008. In this context, he wanted to know under which bye laws of Public Authority and with whose approval this amount was disbursed. If the same was disbursed with the approval of Board of Directors, copy of the said minutes to be provided. Apart from the above, he also sought the audit report and financial statements of Public Authority and Jeewan Jyoti CGHS.
The PIO replied on 10.9.12 stating that the main file was seized by the CBI vide seizure memo dated 15.12.1990. With regard to the audit report and financial statements, information containing thirty three pages with respect to the Public Authority was enclosed. With regard to Jeewan Jyoti CGHS, Appellant was informed that the Society has not submitted any audit reports.
Not satisfied with the reply, the Appellant filed an appeal dt.18.9.12 with the Appellate Authority commenting on the information received.
The Appellate Authority vide order dt.28.9.12 directed the PIO to provide the copy of the audit report along with financial statements of DCHFC for the year 198990 within ten days.
The Appellant filed a second appeal dt.10.11.12 requesting the Commission to direct the Public Authority to furnish the information sought against point 1.
3. The Commission after hearing the submissions of both parties directs the CPIO to seek the assistance of CBI u/s 5(4) to get the extracts or photocopies of the documents from the file seized by the CBI and supply the same to the Appellant within one month of receipt of this order.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Ashwani K. Sharma) Designated Officer Address of parties
1. The CPIO Delhi Cooperative Housing Finance Corporation Limited 3/6, Siri Fort Institutional Area August Kranti Marg New Delhi 110 049
2. Shri Lekh Raj Madan A4/13, Jiwan Jyoti Apartments Pitampura Delhi 110 034