Central Information Commission
Rajesh Tuteja vs Office Of The Additional Distt. ... on 24 September, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DFSDL/A/2018/105116
CIC/ADDDM/A/2018/110929
CIC/ADDDM/A/2019/125100
Shri Rajesh Tuteja ... अपीलकताग/Appellant
VERSUS/बनाम
1.PIO/O/o. the Registrar of Society/Firm-
(S/E)(Govt. of NCT of Delhi),South-East District
2. PIO/Sub-Divisional Magistrate-(DUDA),
Registrar of Society/Firm-(S/E), (Govt. of NCT of
Delhi)
...प्रनतवादीगण /Respondent
3. PIO/Department of Food Safety, (Govt. of NCT
of Delhi)
Through:
Date
: 30.08.2019
of Hearing : : 17.09.2019
Date of Decision : 23.09.2019
Information Commissioner : Y.K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. RTI Filed on CPIO reply First appeal FAO
110929 04.12.2017 01.01.2018 09.01.2018 31.01.2018
105116 04.12.2017 14.12.2017 18.12.2017 --
125100 21.01.2019 02.04.2019 22.02.2019 29.04.2019
&
06.05.2019
Information soughtand background of the case:
CIC/DFSDL/A/2018/105116 The Appellant filed an RTI application dated 04.12.2017, seeking information on nine points regarding spices sold by the Lajpat Bhawan, Masala Centre run by a trust. The Appellant wanted to know the prices, monthly sales, tax deduction of the spices.
ASPIO vide letter dated 14.12.2017 denied information by stating that it is third party information.
Being dissatisfied, the Appellant filed the First Appeal dated 18.12.2017. Feeling aggrieved with no response received from the FAA, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Appellant alone is present for hearing to the exclusion of the Respondent. Copy of an earlier RTI application dated 03.12.2015 has been placed on record by the Appellant, queries wherein are akin to those raised in the instant RTI application dated 04.12.2017. None present on behalf of the Respondent to justify denial of information.
Decision It is noted that the Respondent has not appeared to justify the denial of information nor have they placed any submission on record. It appears from the deliberations during hearing that despite repeated RTI applications on the same subject, the Appellant is not satisfied with the conduct of the Respondent. Considering the total silence on the part of the Respondent which is tantamount to suppression of information and violation of provisions of the RTI Act, this is found to be fit case where the Registry of this Bench is directed to seek explanation from the ASPIO, Department of Food Safety. The explanation should reach the Commission by 17.10.2019, with an advance copy marked to the Appellant.
CIC/ADDDM/A/2018/110929 The Appellant filed an RTI application dated 04.12.2017, seeking information on twelve points regarding 'Servants of the People Society' S.O.P.S. (NGO), Lajpat Bhawan, Lajpat Nagar-IV, New Delhi. In this regard, he sought following information:-
1. Provide papers of land allotted to Servants Of The People Society.
2. Mention the no. of trustees.
3. Mention the list of activities carried out by the trust.
4. Provide details of donation foreign and Indian.
5. Mention salaries of the office bearers of the trust.
6. Mention the area allotted to the trust.
7. Mention any commercial activity run by the trust. And other related information PIO/Registrar of Society/Firm, District:-South-East vide letter dated 01.01.2018 stated that the Appellant may inspect the available documents on any working day from 11.00 AM to 4.00 PM and also stated that the copies of relevant pages of the file can also be collected on payment of prescribed fee of Rs. 2/- per page.
Being dissatisfied, the Appellant filed the First Appeal dated 09.01.2018. Addl. District Magistrate (South-East) FAA vide order dated 31.01.2018 stated that it is found that information available with the PIO has been provided to the Appellant.
Feeling aggrieved as dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
CIC/ADDDM/A/2019/125100 The Appellant filed an RTI application dated 21.01.2019, seeking information on nine points regarding 'Servants of the People Society. In this regard, he sought following information:-
1. Provide balance sheet copy for the last 3 years of the above mentioned society.
2. Provide copies of letter sent form the Dept. to the Society.
3. Mention the details of the members of the society with salary.
4. Provide the address of the corporate office of the society. Etc. PIO/Registrar of Society/Firm, District-South-East, vide letter dated
02.04.2019 stated that the Appellant may inspect the available documents on any working day from 11.00 AM to 4.00 PM and also stated that the copies of relevant pages of the file can also be collected on payment of prescribed fee of Rs. 2/- per page.
Being dissatisfied, the Appellant filed the First Appeal dated 22.02.2019. Addl. District Magistrate (South-East) FAA vide order dated 29.04.2019 directed PIO/SDM (Registrar of Society) to provide the updated records to the Appellant within 10 days.
By another reply from PIO/Registrar of Society/Firm vide letter dated 06.05.2019 provided point wise information, in terms of the FAA's order.
Still aggrieved, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present for hearing in this case. Appellant points out that he is aggrieved due to non-compliance of the FAA's directions in the case CIC/ADDDM/A/2019/125100. PIO pointed out that all relevant and available records have been provided to the appellant apart from the reply dated 06.05.2019 whereby point-wise reply had been provided. Submissions of the Respondent indicate that the file in question has been untraceable since 1984.
Decision It is noted that information as sought by the Appellant has been provided in the appeal no. CIC/ADDDM/A/2018/110929, and the FAA has also expressed satisfaction with the information so provided. Appellant present during hearing also admits that information as sought by him has been made available in the said appeal. Hence this appeal is disposed off as such.
With respect to the appeal no. CIC/ADDDM/A/2019/125100, it is noted that information has been furnished by the Respondent, even in pursuance of the FAA's directions. The PIO/Registrar for Societies it is hereby directed to furnish an affidavit on non-judicial stamp paper confirming the statement that the concerned file, relating to the 'Servants of the People Society' has been untraceable since 1984. This affidavit shall be submitted before the Commission by 16.10.2019, after sending a copy thereof to the Appellant.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514