Central Information Commission
Mr.Anil Kumar vs Ut Of Chandigarh on 18 November, 2011
1
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/DS/A/2011/001746
Appellant /Complainant : Shri Harbans Lal, Chandigarh
Public Authority : Cooperative Societies, U.T.Chandigarh
(Sh. Anil Sharma, Sr.Asstt.)
Date of Hearing : 18 November 2011
Date of Decision : 18 November 2011
Facts:
1. Appellant submitted RTI application dated 12.10.2010 before the CPIO, office of Cooperative Societies, U.T., Chandigarh, to obtain information regarding the amount collected from the members of the Labour Bureau Employees House Building Society for construction of Community Centre @ Rs.40,000/ each and the manner of utilization. Appellant also sought to have a copy of the cost estimate given by the contractor indicating the date of completion of the Community Centre - enclosed herewith as Annexure 'A'.
2. Vide CPIO order of 6.11.2010, appellant was advised to contact the President/Secretary of the Society to obtain the requested information.
3. Appellant preferred appeal dated 2.12.2010 before the First Appellate Authority. Matter was decided vide First Appellate Authority Order of 20.12.2010, in which it was noted that information as held by the CPIO only is required to be provided. However, CPIO was directed to write a letter to the Society to provide the information to the appellant immediately.
4. Not receiving any information, appellant preferred second appeal before the Commission.
Appeal : No. CIC/DS/A/2011/001746 2
5. Matter was heard today. Appellant, respondent and representative of the Society were present as above in person and made submissions.
6. Representative of the Society stated that the appellant was not an original member of the Society but was holding the flat on GPA basis and, therefore, he had no locusstandi to seek information pertaining to the functioning of the Society. Respondent stated that three Cooperative Societies namely Indian Express Employees Cooperative Society, Labour Bureau Employees H.B. Society and RCS Gazetted Officers Cooperative Society had moved the High Court in the matter of conversion of GPA members to regular members and the transfer had been stayed by the Hon'ble High Court. The respondent stated that even though the Joint Registrar had written to the Society on 31.12.2010 to provide the requested information to the applicant, but the Society had failed to do so.
Decision notice
7. Taking cognizance of the decision of the Hon'ble High Court of Punjab & Haryana at Chandigarh in WP No. 19224 of 2006 along with 23 connected cases the Court has ruled in respect of Cooperative Housing Building Societies that the petitioner institutions are governed, controlled and established under the aforementioned Acts / Rules directly or indirectly financed by the State and they are dealing with the public at large so they are bound to supply the information sought by them. While concluding, the Hon'ble Mehinder Singh Sullar J has stated (i) that the petitionerInstitutions can not come into existence and function unless registered and regulated by the provisions, (ii) the control of the State Government over them, through the medium of the provisions of the indicated Acts / Rules, (iii) substantially financed by the funds provided directly or indirectly by the appropriate Government, (iv) the mandate and command of the provisions of the RTI Act, (v) their public dealing, (vi) preamble, aims, objects and regime of this Act, (vii) the larger public interest and totality of the other facts and circumstances emanating from the records, as described hereinabove, are put together, then, to my mind, the conclusion is inevitable and inescapable that the petitionerinstitutions squarely fall within the ambit and scope of definition of public authorities and are legally required to impart the indicated informations to the Appeal : No. CIC/DS/A/2011/001746 3 complainants as envisaged under the RTI Act. If the contrary argument of learned counsel for the petitionerInstitutions are accepted, then to me, it will nullify the aims and objects of the RTI Act, perpetuating and inculcating the injustice to the larger public interest in general and to the complainants in particular in this context.
8. Therefore, keeping in line with the above decision, the Cooperative House Building Societies falls squarely under the shadow of the RTI Act and would be required to disclose the requested information to the appellant.
9. However, the Commission has learnt that one of the Cooperative House Building Societies has challenged the above quoted order of the Punjab & Haryana High Court through SLP(Civil) 12736 of 2009 before the Supreme Court of India and the matter is pending before them. Therefore, this Commission will reserve judgment in this case till the outcome of the SLP.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Harbans Lal Flat No. 450, Sector49A, Chandigarh
2. The CPIO Senior Assistant CoOperative Societies U.T. Chandigarh
3. The Appellate Authority Joint Registrar CoOperative Societies U.T. Chandigarh Appeal : No. CIC/DS/A/2011/001746 4 Appeal : No. CIC/DS/A/2011/001746