Central Information Commission
Shri A.D. Bhardwaj vs Dchfs on 30 December, 2009
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/000804
Appellant : Shri A.D. Bhardwaj
Public Authority : DCHFS
(through Ms Anita Agarwal, Sr. Manager &
Shri R.K. Jain, Accounts Officer)
Date of Hearing : 30.12.2009
Date of Decision : 30.12.2009
FACTS :
By his RTI application dated 18.2.2009, the appellant has sought the following information from CPIO regarding Veerpura, CGHS Ltd, New Delhi :-
"(i) The total amount of share money along with divided which was adjusted by DCHFC Ltd against the defaulted payment.
(ii) The date on which this adjustment was made.
(iii) The extract of the order/resolution of the competent authority authorizing DCHFC Ltd for effecting this adjustment."
2. The CPIO had refused to disclose information under section 8 (1) of the RTI Act vide letter dated 9.3.2009. The Appellate Authority had affirmed the decision of CPIO vide order dated 13.4.2009.
3. Aggrieved with the decisions of CPIO and Appellate Authority, the appellant has filed the present appeal.
4. Heard on 30.12.2009. Appellant present. The public authority is represented by the officers named above. It is the submission of the appellant that he is member of the society referred to above and is seeking this information to reassure himself that the affairs of the Society are being conducted in a fair and transparent manner. He hints at the possibility of unfair practices being resorted to by the management of the Society to the detriment of the members, though he has not adduced any evidence in this regard. He would also plead that DCHFS, a Corporation of the Delhi Govt, has funded the Society and as the public funds are involved he is entitled to seek information under the RTI Act. He would also submit that for the sake of transparency, it is in the interest of both DCHFS and the Society that the requested information is disclosed to him.
5. On the other hand, Ms Agarwal would submit that DCHFC has a contractual relationship with the Society and not with the appellant and, therefore, information requested for by the appellant is barred from disclosure under clauses (d) & (c) of section 8 (1). She also relies on this Commission's decision dated 4.3.2009 in File No. CIC/SG/A/2008/00263 (Harcharan Singh Vs DCHFC Ltd).
6. Concededly, DCHFS has funded the Society. The appellant being a member of the Society is a stake holder. All that he is requesting for is the total amount of share money along with dividend which was adjusted by DCHFC against the defaulted payment and the date thereof. It may be noted that the appellant is not a stranger; he has interest in the Society. Besides, even if he was a stranger, in my view, the requested information falls in public domain, as the adjustment against the defaulted amount has been made by DCHFS, a public authority. Looked at from any angle, the information merits disclosure. The shield of clauses (e) & (j) does not cover this case. Nor does the decision of another Bench of this Commission come to the rescue of the respondent due to different factual matrix.
DECISION
7. In view of the above, the decisions of CPIO & AA are set aside & the CPIO is hereby directed to provide para-wise information to the appellant in 04 weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(D.C. Singh) Under Secretary & Dy. Registrar Address of parties :-
1. Ms Anita Agarwal Delhi Coop. Housing Finance Corp Ltd., 3/6, Siri Fort Institutional Area, August Kranti Marg, New Delhi-49
2. Shri A.D. Bhardwaj B-85, Veer Puru Apartment, Plot No. 22, Sector-13, Rohini, Delhi-110085