Central Information Commission
Mr. Pankaj Bharti vs O/O Registrar Of Cooperative ... on 25 September, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/001915/4947
Appeal No. CIC/SG/A/2009/001915
Appellant : Mr. Pankaj Bharti,
IIPM-83, Institutional Area,
Sector-18, Gurgaon.
Respondent : Mr. Rajesh Kumar
Public Information Officer
Asstt. Registrar(CND),
O/o Registrar of Cooperative
Societies, GNCTD, Old Courts
Building, Parliament Street,
New Delhi-110001.
RTI application filed on : 06/04/2009
PIO replied : 28/05/2009
First Appeal filed on : 22/06/2009
First Appellate Authority order : 22/06/2009
Second Appeal Received on : 01/08/2009
Information sought:
1. Status of Agbros (CGHS Dwarka)
2. Why submission of Documents is taking so long.
3. What is likely date when Documents will be submitted to DDA? If there is any discrepancy in document, mention
4. Send the copies of the notings of different authorities of RCS in the file.
PIO's Reply:
It was informed by the PIO that the information cannot be made available to the Appellant as per provisions of Section 139 of DCS Act 2003.
Grounds for First Appeal:
Not enclosed.
Date of 1st Appeal mentioned above is as stated by the Appellant.
Order of the First Appellate Authority:
FAA stated that information sought by the Appellant is not covered under RTI Act, 2005 and period specific. Appellant was advised to inspect the office record, identify the specific information which exists. Assistant Registrar concerned was directed to facilitate.
Grounds for Second Appeal:
Information sought is for public.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent Respondent: Mr. Rajesh Kumar, PIO & Assistant Registrar The Appellant had filed RTI application with Assistant Registrar (South West) where it appears to have been submitted on 04/05/2009 as per the diary. The Application was received by the PIO on 08/05/2009 on 28/05/2009 who has mistakenly treated it as an application under the DCS Act. Since the application fee of Rs. 50/- was paid as per the DCS Act. The PIO admits that the information on points A, B & F can be provided and has brought it with him before the Commission. The Commission agrees with the contention of the PIO that no information can be provided on points C, D & E. Decision:
The appeal is allowed.
The PIO will send the information on points A, B & F to the Appellant before 30 September 2009.
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 25 September 2009 (In any correspondence on this decision, mention the complete decision number.)Rnj