Central Information Commission
Ranbir Singh vs Gnctd on 6 September, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal Nos. CIC/GNCTD/A/2018/105801,
CIC/GNCTD/A/2018/105795, CIC/GNCTD/A/2018/105794,
CIC/GNCTD/A/2018/105793, CIC/GNCTD/A/2018/105792,
CIC/GNCTD/A/2018/ 105791, CIC/GNCTD/A/2018/105784,
CIC/GNCTD/A/2018/105783, CIC/GNCTD/A/2018/110786,
CIC/GNCTD/A/2018/110784 & CIC/GNCTD/A/2018/112747
Shri Ranbir Singh ... अपीलकताग/Appellant
VERSUS/ बनाम
PIO/Delhi Sikh Gurudwara Management ...प्रनतवादीगण /Respondents
Committee, Gurudwara RakabGanj,
New Delhi-110001
Through: Ms. Avneet Kaur - Advocate
Date of Hearing : 06.09.2019
Date of Decision : 06.09.2019
Information Commissioner : Shri 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
105801 14.11.2017 13.12.2017 23.12.2017 20.01.2018
105795 30.10.2017 27.11.2017 09.12.2017 Nil
105794 03.11.2017 Nil 12.12.2017 30.12.2017
105793 29.10.2017 27.11.2017 08.12.2017 21.12.2017
105792 30.10.2017 27.11.2017 07.12.2017 21.12.2017
105791 08.11.2017 07.12.2017 15.12.2017 15.01.2018
105784 04.11.2017 01.12.2017 11.12.2017 08.01.2018
105783 05.11.2017 Nil 13.12.2017 01.01.2018
110786 09.12.2017 Nil 12.01.2018 06.02.2018
110784 02.12.2017 29.12.2017 08.01.2018 06.02.2017
112747 01.12.2017 28.12.2017 09.01.2018 07.02.2018
Page 1 of 11
CIC/GNCTD/A/2018/105801
Information soughtand background of the case:
Appellant filed an RTI application dated 14.11.2017 seeking information regarding VERKA BRAND DESI GHEE by Delhi Sikh Gurudwara Management Committee from 01.06.2017 to 31.10.2017.
Date of receipt Quantity Total amount Bill No. & Date Whether of supply of purchased payment was Desi Ghee made in cash
PIO/DSGMC, vide letter dated 13.12.2017 informed the appellant that information sought is not related to any public activity and interest.
Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 23.12.2017. FAA vide order dated 20.01.2018 upheld the reply of PIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance.The Respondent stated that information about the Prasad prepared in the Gurudwaras is already available in the magazine, while no other information about food consumables is available on ingredient basis.
Decision:
The Commission finds that the response dated 13.12.2017 furnished by the PIO is not in line with the provisions of the RTI Act and hence it is set aside, as is the order of the FAA, upholding the same. The respondents are advised to exercise caution while handling RTI matters and interpretation of the provisions of the RTI Act as such.
It is noted that similar question about consumption of Desi Ghee w.e.f. 01.06.2017 was sought by the Appellant from the same public authority vide RTI application dated 19.09.2017. This Commission has already dealt with the similar issue and adjudicated the Appeal number CIC/GNCTD/A/2017/183096, hence the Commission is not inclined to pass a fresh decision with respect to the instant case and disposes it off with no further direction.Page 2 of 11
CIC/GNCTD/A/2018/105795 Information sought and background of the case:
Appellant filed RTI application dated 30.10.2017 seeking information regarding vehicle wise details of expenditure incurred on the Petrol/Diesel/CNG from the month of February, 2017 to August 2017, considering that the monthly magazine 'Sisganj' published information about sum of Rs. 55,35,886/- having been incurred on Petrol/Diesel/CNG filled during the period from Feb. 2017 to Aug. 2017.
Registration of Whether Total Whether payment
Vehicle No. Petrol/Diesel/CNG Petrol/Diesel/CNG was made by
fitted Vehicle filled during the cash or by cheque
period from Feb.
2017 to Aug.
2017.
PIO/DSGMC, vide letter dated 27.11.2017 informed the appellant that i) the PIO is not expected to compile information ii) voluminous information cannot be provided iii) there is no provision under RTI Act 2005 in which the PIO has to give the information in the desired format of appellant. Hence information as sought could not be provided.
Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 09.12.2017 which was not adjudicated therefore appellant filed Second Appeal in the Commission.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance.The Respondent stated that since number of vehicles operate from the various Gurudwaras which fall under the jurisdiction of the Delhi Sikh Gurudwara Management Committee, compiling all of the data, in the format specified by the Appellant was an onerous task and would obviously lead to disproportionate diversion of resources.
Decision:
In view of the facts of the case, the Commission is of the considered opinion that since the queries of the Appellant originate from the information published in the monthly magazine, the records on the basis of which such information was published in the magazine, should be readily available with the Respondent.
The PIO,Delhi Sikh Gurudwara Management Committeeis hereby directed to provide a revisedreply furnishing the available records, on the basis of which such information about an expense of Rs. 55,35,886/- on petrol/diesel/CNG was published in the monthly magazine. This revised reply shall be provided to Page 3 of 11 the Appellant within three weeks of receipt of this order, under intimation to the Commission.
CIC/GNCTD/A/2018/105794 Information sought and background of the case:
Appellant filed RTI application dated 03.11.2017sought to know the details of vehicle owned by Delhi Sikh Gurudwara Management Committee in the following format:-
S.No. Registration No. of Date of Purchase
Vehicle
Please provide authenticated copy of Log Book of all vehicles owned by DGSMC for the period 01.02.2017 to 30.04.2017.
Having not received any reply from the PIO, appellant filed First Appeal dated 12.12.2017. FAA vide order dated 30.12.2017stated as follows '...since the PIO has been assigned another job by the dept. and she is not present in office I am unable to pass any order in the present appeal.
However, I shall pass the necessary order as soon PIO joins her services or within the limitation of 30 days i.e. upto 12.01.2018 as per RTI Act, 2005.
Feeling aggrieved over non receipt of information, the appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance.The Respondent stated that since number of vehicles operate from 17 odd Gurudwaras which fall under the jurisdiction of the Delhi Sikh Gurudwara Management Committee, compiling all of the data, in the format specified by the Appellant is an onerous task and would lead to disproportionate diversion of resources.
Decision:
In view of the facts of the case, the Commission finds that the response of the PIO is wholly untenable in law and is thus set aside.
The PIO,Delhi Sikh Gurudwara Management Committeeis hereby directed to provide a revisedreply furnishing available information in response to queries number 1 and 2, within three weeks of receipt of this order. A compliance report in this regard shall be submitted before the Commission by 15.10.2019.Page 4 of 11
CIC/GNCTD/A/2018/105793 Appellant filed RTI application dated 29.10.2017 seeking information regarding SUB-HEAD-WISE details of expenditure incurred on the said Fateh March i.e. Stages, Horses/Elephants, Nihang Singh, Tengage/Lighting/Decoration, payment to Artists and so on....etc. Sub-Head of Expenditure Name of the party Whether payment Account incurred to whom payment was made by was made. cash or by cheque Tentage Lighting Decoration Paid for hiring of Horses/Elephants etc PIO/DSGMC, vide letter dated 27.11.2017 informed the appellant that i) The PIO is not expected to compile information ii) Voluminous information cannot be provided iii) There is no provision under RTI Act 2005 in which the PIO has to give the information in the desired format of appellant. Hence information as sought could not be provided.
Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 08.12.2017. FAA vide order dated 21.12.2017stated as follows '....after hearing the PIO and the appellant the appellant has been requested to give his submission whether the information under compilation and desired format of the appellant is to be given or not and accordingly the appellant has requested asking some more time for the clarification on the above two issues.
Accordingly time is allowed but the submission must reach by 07.01.2018 so that the appeal can be disposed in time by 07.01.2018‟. Though the appellant filed a letter dated 26.12.2017, seeking information in un-compiled form, upon non-receipt of any information, the aggrievedappellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance.The Respondent stated that the break-up of such huge data is not only voluminous but also not available in the format as sought by the Appellant. Hence the information had been denied as such.
Decision:
In view of the facts of the case, it is noted that the information sought by the Appellant would be available in the records of expenditure incurred for the Page 5 of 11 celebration of Fateh March held in the year 2017. As has been stated by the Appellant, the total expenditure incurred for the celebration was Rs. 1,02,33,372/-, as mentioned in the magazine „Seesganj‟. Such a sum could not have been arrived without supporting documents. Thus there would be readily available documents to substantiate the total expense mentioned.
The PIO,Delhi Sikh Gurudwara Management Committeeis hereby directed to provide a revisedreply furnishing the available records, on the basis of which such information about an expense of Rs. 1,02,33,372/-, on celebration of Fateh March 2017 was published in the monthly magazine. This revised reply shall be provided to the Appellant within three weeks of receipt of this order, under intimation to the Commission.
CIC/GNCTD/A/2018/105792 Appellant filed RTI application dated 30.10.2017seeking information about authenticated copy of the audited 'Balance Sheet of Delhi Sikh Gurudwara Management Committee' for the financial year 2016-2017.
PIO/DSGMC, vide letter dated 27.11.2017 denied the information under section 8(1)(j) of the RTI Act, 2005.
Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 07.12.2017. FAA vide order dated 21.12.2017stated as follows '...appellant has requested for some more time to give his detail submission on the aforesaid issue regarding Public Activity or interest or which could cause unwarranted invasion of the privacy of the individual. The time is allowed but the submission much reach before Appellate Authority by 06.01.2018 so that the First Appeal can be disposed before the expiry of 30 days of the Appeal i.e. 06.01.2018‟.
Though the appellant filed a letter dated 25.12.2017, in terms of the FAA's order, upon non-receipt of information, the aggrieved appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance. Response of the PIO is legally incorrect because the information sought by the Appellant is not personal information, hence the PIO's reply is set aside. Unfortunately, the FAA failed to notice and remedy the error apparent in the PIO's reply, which has led to the filing of this Second Appeal.Page 6 of 11
Decision:
Under the circumstances, the PIO, Delhi Sikh Gurudwara Management Committeeis hereby directed to provide a revisedreply furnishing copy ofthe audited 'Balance Sheet of Delhi Sikh Gurudwara Management Committee' for the financial year 2016-2017, as sought by the appellant, within two weeks of receipt of this order, under intimation to the Commission.
CIC/GNCTD/A/2018/105791 Appellant filed RTI application dated 08.11.2017seeking the authenticated copies of details of the Day-Wise consumption of 'Desi Ghee' for preparation of 'KarahParshad' in Gurudwara Bangla Sahib, New Delhi for the month of May, 2017.
PIO/DSGMC, vide letter dated 07.12.2017 informed the appellant that information sought could not be provided as the same is bulky information and as per the settled law in which it is clearly mentioned that "Voluminous information cannot be provided" which also resulting the Misuse of RTI Act, 2005.
Dissatisfied with the reply received from the PIO, appellant filed First Appal dated 15.12.2017. FAA vide order dated 15.01.2018upheld the reply of PIO.
Feeling aggrieved as dissatisfied, appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance. Respondent reiterates that information sought by the Appellant is not available as such and hence it is virtually impossible to provide. However, the gross figures of the edibles consumed during any specific period is available in public domain in their monthly magazine named „Seesganj‟ Decision:
The Commission finds that in terms of the submissions of the Respondent, the information about the edibles consumed by way of prasad is available in the monthly magazine. Whereas no ingredient-wise compilation of data is available. Hence, a copy of the relevant portion of the magazine indicating the total quantity of 'KarahParshad' consumed in Gurudwara Bangla Sahib, New Delhi for the month of May, 2017 and the expenditure incurred thereupon, shall be provided to the appellant within three weeks of receipt of this order, under intimation to the Commission.Page 7 of 11
CIC/GNCTD/A/2018/105784 Appellant filed RTI application dated 04.11.2017 seeking information about the utilization of Education Fund Rs. 98.90 Lakh from 1st January, 2017 to 30 September, 2017:-
Expenditure Unutilized amount Amount lying in Amount used for
incurred for the bank (give other purpose by
Education Purpose details of Bank the DSGMC (give
(give item wise Account No., name details)
details) of the bank and
branch
PIO/DSGMC, vide letter dated 01.12.2017 informed the appellant that i) The PIO is not expected to compile information ii) There is no provision under RTI Act 2005 in which the PIO has to give the information in the desired format of appellant. Hence no information as sought could be provided to you.
Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 11.12.2017. FAA vide order dated 08.01.2018 upheld the reply of PIO.
Feeling aggrieved as dissatisfied, appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance. Respondent reiterates that information sought by the Appellant is not available as such and hence providing such information is likely to disproportionately divert the resources of the Respondent. It has further been stated by the Respondent that the gross figures of the Educational Fund received by the DSGMC is already available, published in their monthly magazine named „Seesganj‟.
Decision:
In the light of the abovementioned facts and circumstances of the case, the Commission hereby directs that the PIO, DSGMC shall provide a revised reply to the appellant, furnishing all available information about the expenditure incurred from the education fund, balance amount and the name of the bank where such fund is lying deposited. This information shall be provided to the appellant within three weeks of receipt of this order, under intimation to the Commission.Page 8 of 11
CIC/GNCTD/A/2018/105783 Appellant filed RTI application dated 05.11.2017seeking the authenticated copy of the anticipated estimated budget prepared by Delhi Sikh Gurudwara Management Committee for the financial year 2016-17 in compliance of Section 27 of the Delhi Gurudwara Act, 1971.
Having not received any reply from the PIO, appellant filed First Appeal dated 13.12.2017. FAA vide order dated 01.01.2018stated as follows '...there is no such provision for "Anticipated Budget" no information can be sent and hence there is no merit in the appeal and accordingly appeal is disposed today i.e.
02.01.2018‟.
Feeling aggrieved as dissatisfied, appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance.Perusal of the RTI application reveals that it has definitely been incorrectly worded since there is no such thing as 'Anticipated Estimated Budget'.
Decision:
Under the circumstances, the Commission deems it appropriate that the query of the Appellant is refocused and PIO, DGSMC is directed that budget estimate for the period for the financial year 2016-17 be provided to the Appellant, within three weeks of receipt of this order, under intimation to the Commission.
CIC/GNCTD/A/2018/110786 Appellant filed RTI application dated 09.12.2017 seeking information regarding authenticated copies of the following documents with regard to the "Executive Board Meeting of the Delhi Sikh Gurudwara Management Committee held on 17th November 2017:-
i) Agenda of meeting circulated to all the Executive members.
ii) Minutes of Meeting.
Having not received any reply from the PIO, appellant filed First Appeal dated 12.01.2018. FAA vide order dated 06.02.2018 informed the appellant that the information sought is not related to any public activity and interest. As per the settled law reported in case of Ramesh Chandra Vs SBI dated 11.03.2008 CIC digest that whether to give this information in the public interest or not and hence the appeal dated 12.01.2018 is hereby disposed off and no information can be sent in public interest.
Page 9 of 11Feeling aggrieved as dissatisfied, appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance. Perusal of the RTI application reveals that the case at hand has not been appropriately handled and denial of information in this case was wholly incorrect and hence set aside.
Decision:
Under the circumstances, the Commission directs the PIO, DGSMC to provide complete information in response to the RTI queries viz. i) Agenda of meeting circulated to all the Executive members and ii) Minutes of Meeting held on 17.11.2017 by the DGSMC. The information is directed to be provided to the Appellant, within three weeks of receipt of this order, under intimation to the Commission.
CIC/GNCTD/A/2018/110784 Appellant filed RTI application dated 02.12.2017 seeking information on 2 points, as follows:
1. Provide details of dates on which the Executive Body meeting of the Delhi Sikh Gurudwara Management Committee were held w.e.f. 30.03.2017 till date as prescribed under clause 4(3) of „Regulations for functions of Delhi Sikh Gurudwara Management Committee‟.
2. Provide copies of following documents with regard to all the aforesaid Executive Body meetings of the DSGMC w.e.f. 30.03.2017 till date.
i) Agenda of meeting.
ii) Minutes of Meeting.
PIO/DSGMC, vide letter dated 29.12.2017 informed the appellant that information sought is not related to any public activity and interest.
Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 08.01.2018. FAA vide order dated 06.02.2018 upheld the reply of PIO.
Feeling aggrieved as dissatisfied, appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance. Perusal of the RTI application reveals that the case at hand has not been appropriately handled and denial of information in this case was wholly incorrect and hence set aside.Page 10 of 11
Decision:
Under the circumstances, the Commission directs the PIO, DGSMC to provide complete information in response to the RTI queries viz. i) Agenda of meeting circulated to all the Executive members and ii) Minutes of Meeting held on 30.03.2017 by the DGSMC as well as information about the dates as sought vide the query number 1 of the RTI application. The information is directed to be provided to the Appellant, within three weeks of receipt of this order, under intimation to the Commission.
CIC/GNCTD/A/2018/112747 Appellant filed RTI application dated 01.12.2017 sought information about Newspaper clippings in which Audit Reports pertaining to the Financial year 2013-14, 2014-15, 2015-16& 2016-17 of the accounts of Delhi Sikh Gurudwara Management Committee were published under sub section (4) of Section 29 of the Delhi Sikh Gurudwara Act, 1971.
PIO/DSGMC, vide letter dated 28.12.2017 informed the appellant that the information is available in Sis Ganj Magazine of DSGMC.
Dissatisfied with the reply received from the PIO, appellant filed First Appeal dated 09.01.2018. FAA vide order dated 07.02.2018 upheld the reply of PIO.
Feeling aggrieved as dissatisfied, appellant approached the Commission with the instant Second Appeal.
Facts emerging in the course of hearing:
Respondent alone is present for hearing while the Appellant is not present despite service of hearing notice in advance.
Decision:
It is noted that the instant case has been appropriately dealt with by the Respondent. No further action is required in this case.
The appeals are thus disposed off with these directions.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/011-26180514 Page 11 of 11