Central Information Commission
Mr. Jasmeet Singh vs Registrar Cooperative Societies on 4 March, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000158/7013
Appeal No. CIC/SG/A/2010/000158
Relevant Facts emerging from the Appeal:
Appellant : Mr. Jasmeet Singh,
House No. D-119,
East of Kailash,
New Delhi- 110065.
Respondent : Public Information Officer
Registrar Cooperative Societies Parliament Street, Old Court Building, New Delhi - 110001.
RTI application filed on : 13-08-2009 PIO replied : 10-09-2009 First appeal filed on : 22-09-2009 First Appellate Authority order : 13-10-2009 Second Appeal received on : 19-01-2010
The Appellant had sought following information from PIO - RCS regarding Certified copies of the followings:-
Sl. Information sought. PIO's reply.
1. The petition filed by Delhi Cooperative Housing Finance The file is not available Corporation Ltd. (D.C.H.F.C) alongwith all the documents filed in this branch. in support thereof in Arbitration case no. 77/JR-1/GH/97-98/P-
101.
2. The Written statement / Defence/Reply filed by Jiwan Jyoti As above.
Cooperative Group Housing Society Ltd. alongwith all the documents filed in support thereof in Arbitration case No.. 77/JR-1/GH/97-98/P-101.
3. The Rejoinder if any filed in the Arbitration case No. 77/JR- As above.
1/GH/97-98/P-101.
4. The order / Award / Decree / Judgment passed by the Arbitrator As above.
in Arbitration case No. 77/JR-1/GH/97-98/P-101.
5. The Appeal, Review Petition, Revision etc, filed alongwith the As above.
documents in support thereof and the order / Decree passed thereof in Arbitration case No.. 77/JR-1/GH/97-98/P-101.
6. All the order sheets in Arbitration case No. 77/JR-1/GH/97- As above.
98/P-101 in respect of claim filed by DCHFC and / or Appeal Review, Revision etc, if any.
7. Any other documents pertaining to Arbitration case No. 77/JR- As above.
1/GH/97-98/P-101.
8. The petition filed by DCHFC in the case no. 1083/2000-01/6533 As above.
alongwith all the documents filed in support thereof.
9. The written statement / Defence filed by the Defendant alogwith As above.
all the documents filed in support thereof in case No. 1083/2000-01/6533 Page 1 of 3
10. The order / Award / Decree / Judgment passed in case no. As above. 1083/2000-01/6533
11. Any other documents pertaining to case no. 1083/2000-01/6533 As above.
12. All the documents including orders pertaining to the Execution As above. proceeding in Recovery case no. 1083/2000-01/6533
13. The names of all the office bearers alongwith their addresses The information is not since the date of inspection of Jiwan Jyoti Cooperative Group available in this office Housing Society Ltd having its registered office at 229, Dr. but available in the Joshi Road, Karol Bagh, New Delhi - 110005 till date. Society's record. Hence any may apply directly to the society.
Ground of the First Appeal:
Incorrect and incomplete information had been provided by the PIO.
Order of the FAA:
"The applicant has filed an appeal dated 13.08.2009 seeking details related to arbitration cases from 1985 apart from the names of the office bearers alongwith their addresses. The SPIO/AR (N/W) has replied on 10.09.09 that the file is not available. He should make efforts to locate the file and also endeavor to get the same from the Society / Arbitrator if so required. A proper reply should be given to Point No. 13".
Ground of the Second Appeal:
Incomplete information had been provided by the PIO. In spite, of the order of the First Appellate Authority dated 13th October 2009 ordering the SPIO to provide the requested information to the appellant, no information or reply has been provided till date.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Jasmeet Singh;
Respondent : Absent;
The Appellant states that inspite of the order of the First Appellate authority on 13/10/2009 to provide the information no information has been provided by the PIO. It is apparent from the order of the First Appellate Authority that the information which is being sought has to be available with the public authority. The FAA has infact recorded, "The SPIO/AR (N/W) has replied on 10.09.09 that the file is not available. He should make efforts to locate the file and also endeavor to get the same from the Society / Arbitrator if so required." Thus it is evident that the information is with RCS and no exemption has been claimed to deny the information.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information to the appellant before 20 March 2010.
The issue before the Commission is of not supplying the complete, required information by the PIO Mr. M. L. Gupta within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has clearly ordered the information to be given.
Page 2 of 3It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
Mr. M. L. Gupta will present himself before the Commission at the above address on 08 April 2010 at 11.00am alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also submit proof of having given the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed to inform such persons of the show cause hearing and direct them to appear before the Commission with him.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 04 March 2010 (In any correspondence on this decision, mention the complete decision number.) (BK) Page 3 of 3