Central Information Commission
Mr.V P Saxena vs Government Of Nct Of Delhi on 6 September, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001824
Date of Hearing : September 6, 2012.
Date of Decision : September 6, 2012.
Parties:
Applicant
Shri V P Saxena
A/103, Hind CGHS
Plot No. 12, Sector 5
Dwarka
New Delhi - 110 075.
Applicant was present.
Respondent(s)
Finance Department
O/o the Suptdg/PIO
Court of the Financial Commissioner
Govt of NCT of Delhi
5, Sham Nath Marg
Delhi - 110 054.
Representative : Shri Sanjeev Kumar, Suptd.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001824
ORDER
Background.
1. The RTI Application dated 7.7.11 was filed by the Applicant with the PIO, O/o Financial Commissioner, Delhi seeking the following information.
a) Copy of the notification/circular/order etc by which the Hon'ble Lt.Governor, Delhi has delegated his authority to the Financial Commissioner to hear, decide and hold court in the matters/revision petitions u/s 116 of Delhi Cooperative Societies Act, 2003
b) Copy of rules, regulations, notifications, orders etc by virtue of which the Hon'ble Lt. Governor has such authority to delegate his powers to the Ld.Financial Commissioner.
c) Copy of rules and regulations pertaining to working and functioning of court of Financial Commissioner, Delhi.
d) All the noting, rules, regulations, notification, official correspondence, office orders, circulars, etc pertaining to query no. a to c.
e) Any other relevant information with regard to query no. a to c above.
The PIO replied on 25.7.11 enclosing notification as sought in point a . Against point 'b' he informed the Applicant that no separate rule/regulations have been framed for the court of the Financial Commissioner. With regard to points 'd' and 'e' the Respondent informed the Appellant that no such information as desired by him is available with them and that it may be available with the office of Registrar of Cooperative Societies.
The Applicant then filed his first appeal on 15.9.11 seeking the information against points 'd' and 'e'.
The Appellate Authority disposed off the appeal on 10.10.11 directing the PIO to transfer the points 'd' and 'e' of the RTI Application to the Registrar of Cooperative Societies. The Appellant thereafter filed his second appeal before the Commission stating that he has not received the information against points d and e from RCS.
Decision
2. Heard submissions.
3. It is noted that the RTI Application has already been transferred to the PIO, RCS by the PIO/Financial Commissioner under section 6 (3) of the RTI Act. Reminders too have been sent to PIO, RCS at least twice after that. The Commission therefore directs the PIO, Registrar of Cooperative Society to provide the complete information against points d and e of the RTI Application to the Appellant .
4. The PIO, RCS is also directed to show cause as to why penalty should not be imposed upon him for not responding to the transferred RTI Application within the mandatory time period. The explanation to reach the Commission by 10 October, 2012..
5. A copy of the Commission's order may be served upon the PIO, RCS by the PIO, Court of the Financial Commissioner directing the PIO, RCS to provide the information to the Appellant within 3 weeks of receipt of the order.
6. The Appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar
1. Shri V P Saxena A/103, Hind CGHS Plot No. 12, Sector 5 Dwarka
2. The Public Information Officer Finance Department O/o the Suptdg/PIO Court of the Financial Commissioner Govt of NCT of Delhi 5, Sham Nath Marg Delhi - 110 054.
3. The Appellate Authority Finance Department O/o the Suptdg/PIO Court of the Financial Commissioner Govt of NCT of Delhi 5, Sham Nath Marg Delhi - 110 054.
4. Officer In charge, NIC.