Central Information Commission
Akshay Kumar Malhotra vs Office Of The Additional Distt. ... on 3 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/ADDDM/C/2021/146227
AKSHAY KUMAR MALHOTRA ....िशकायतकता /Complainant
VERSUS
बनाम
PIO,
O/o THE S.D.M, DISTRICT
NORTH-WEST, KANJHAWALA,
DELHI - 110081 .... ितवादीगण /Respondent
Date of Hearing : 17.12.2024
Date of Decision : 03.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 15.06.2021
CPIO replied on : 03.08.2021
First appeal filed on : 04.08.2021
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 21.10.2021
Information sought:
The Complainant filed an RTI application dated 15.06.2021 (offline) seeking the following information:
"My Request PIO in this RTI is the person under whose jurisdiction the Local Resident Welfare Association of DDA flats in AC Block, Shalimar Bagh, Delhi-110 088, is registered.Page 1 of 9
Important Fact The information requested in the RTI Application should have been disseminated and put in public domain, by itself by the public authority, but it didn't do it and hence violation of Section 4 of RTI Act, 2005.
So, a citizen has to file a RTI Application, for an information, which otherwise should have been made available to the citizen, by putting it in public domain, by the Public Authority, in the normal course, so that citizen could see that information at their own from the sites where this information is disseminated viz easily accessibility at the website of the public authority etc etc Intent of Larger Public Interest The present RTI Application is related to get the information of 'AC Block Resident Welfare Association (Regd) at Shalimar Bagh, Delhi-110088, hereinafter referred as 'RWA' (Photo of the booklet published by this RWA and message of the then President of RWA is as per attached phot along with this RTI Application, to prove my case) The said RWA is for DDA allotted flats in AC Block, Shalimar Bagh, Delhi- 110088, having approx. 900 multi-storeyed flats and approx 5000 citizens living in this block.
This association takes grant and subsidy from various govt offices under GNCTD viz Delhi Park and Garden Society under Deptt of Environment and also under Bhagidari Scheme and under various schemes run by Givt of NCT of Delhi where public money is been paid to said RWA.
So, it involves a larger public interest as public money is been paid to this RWA, and that public money belongs to all the citizen of entire Delhi State and which is been given to this RWA by way of allocated funds given by various Departments in Govt of NCT of Delhi.
Govt Departments allocate funds to Registered RWA and that Registration of any RWA comes with certain obligations and certain responsibilities attached along with this registration and first and foremost is the Page 2 of 9
1. Annual general election to elect the representative,
2. Publishing of annual financial records giving detailed bifurcation of the funds received from each 'source of Funds' and then the money spent from the funds and circulate the abridged as well as detailed audited balance sheet and Income & Expenditure Account on Annual basis.
3. To follow the procedures and various laws viz labour law, Minimum wages Act, PF, ESI etc etc for the Malis (labour) kept by RWA, as annually GNCTD pays approx Rs 15 lacs for parks maintenance through Delhi Park and Garden Society, Department of Environment, GNCTD. Similarly other Govt Deptt / Organizations also pays aid / subsidy to this RWA.
It is observed, at least in last 5 years, that there are no annual general body election, at least not factually but might be only in records.
Other than this also there are so many violations, under which it makes this association for withdrawal of Registration given to it and also withdrawal of the Grants, subsidy etc given to this RWA by various Govt Deptt under GNCTD.
Information Requested
1. Please inform me the Registration details viz Registration number and date of this RWA.
2. Please provide me with the certified copy of Articles and memorandum of Association, or whatever the nomenclature is, of this RWA.
3. Please inform me about the action taken by Public Authority against the said RWA, in case the revised / corrected / updated Articles and memorandum of Association, or whatever the nomenclature is, of this RWA is not been submitted by said RWA to Public Authority. I am also to be provided with the certified copies of all such action taken documents and replies given by the RWA on all such communications.
4. Please inform me the date(s) of the annual general election held in this RWA for every year for last 6 years i.e. from year 2015 till date of reply by PIO.Page 3 of 9
5. Please inform me the names and addresses and the positions for which respective candidate participated and who nominated their candidature for election for various positions/posts in these annual general election held in this RWA for every year for last 6 years i.e. from year 2015 till date of reply by PIO.
6. Please inform me the names and addresses and the positions of the elected candidates in these annual general election held in this RWA for every year for last 6 years i.e. from year 2015 till date of reply by PIO.
7. Please inform me about the action taken by Public Authority against the said RWA, in case the Annual General Elections are not held within the time schedule. I am also to be provided with the certified copies of all such action taken documents and replies given by the RWA on all such communications.
8. Please provide me with the detailed (not just summarized) and audited Balance Sheet and Income & Expenditure Account of this RWA for every year for last 6 years i.e. from year 2015 till date of reply by PIO.
9. Please inform me about the action taken by Public Authority against the said RWA, in case the detailed and audited Balance Sheet and Income & Expenditure Account of this RWA for every year for last 6 years i.e. from year 2015 till date, of this RWA is not been submitted by said RWA to Public Authority. I am also to be provided with the certified copies of all such action taken documents and replies given by the RWA on all such communications.
10. Please inform me and provide me with the certified copies of various mutual agreement/MOU under various schemes between said RWA and various Govt Deptt/ Organizations under GNCTD by the said RWA for every year for last 6 years i.e. from year 2015 till date of reply by PIO.
11. Please provide me with the complete details on Scheme wise / Specific Fund wise Subsidy, Grants, Aid given by various Organizations, Departments of Govt of NCT of Delhi to the said RWA for every year for last 6 years i.e. from year 2015 till date of reply by PIO.
12. Please provide me with the information on Scheme wise / Specific Fund wise, utilization of funds given by this RWA for funds received by this RWA from various Organizations, Departments of Govt of NCT of Page 4 of 9 Delhi, for every year for last 6 years i.e. from year 2015 till date of reply by PIO.
13. Please provide me with the reports etc made by public authority in respect of allocation of funds to this RWA vis a vis the utilization of the same funds by the said RWA, under different schemes under which aid, subsidy, grant of funds etc are given to the said RWA by various Deptt/ organization of Govt of NCT of Delhi, for every year for last 6 years i.e. from year 2015 till date of reply by PIO.
14. Please inform and provide me with the copies of any Social Audit Report, Financial Audit report along with all the details, if any, undertaken by Public Authority and / or any other Govt Deptt / Organisation of Govt of NCT of Delhi, which is been done to verify the proper and actual utilization of funds vis a vis the allocation of funds given to the said RWA for the last 6 years i.e. from year 2015 till date of reply by PIO.
15. Please inform me and provide me with the certified copies of the, Proof of compliance of statutory provisions (in respect of Minimum Wages Act, 1948, Contract Labour ( Regulation and Abolition) Act, 1970, submitted by the said RWA for the last 6 years i.e. from year 2015 till date of reply by PIO.
16. Please inform me and provide me with the certified copies of the certificate which is been submitted by RWA to various Deptt / Organisations of GNCTD, stating that all benefits of labour/Malis/Security Guards etc i.e. wages, bonus, PF, ESI, gratuity etc, as per the provisions of law applicable under Minimum Wages Act of NCT of Delhi have been complied with and which is been submitted by the said RWA for the last 6 years i.e. from year 2015 till date of reply by PIO.
17. Please provide me the details of responsibilities and obligations which any RWA like the present RWA has to observe and follow in order to get the registration as a Regd RWA.
18. Please provide me with the certified copies of the inspection reports, site reports and / or any other observation / report, which public authority has in its record for the said RWA for the last 6 years i.e. from year 2015 till date of reply by PIO.Page 5 of 9
19. Please provide me with the certified copies of the various compliance certificates and various other documents submitted by the said RWA with the public authority, in the last 6 years i.e. from year 2015 till date of reply by PIO.
20. Please inform me and provide me with the certified copies of the valid / updated license obtained by RWA under Contract Labour (R&A) Act 1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971, which any Govt Deptt / Organisation shall obtain from RWA before the issuance of public fund to RWA.
21. As per the provisions of Section 2(j) (i), 2(j)(ii), 2(j)(iii) and 2(j) (iv) of RTI Act, 2005, I also want to have and to get the right to
(i) inspection of work, documents, records
(ii) taking notes, extracts or certified copies of documents or records and
(iii) taking certified samples of material
(iv) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
for and related to all the above points, and related to all those documents in records, as mentioned above, of my RTI Application.
In the points in my abovementioned RTI Application, where ever I have requested to provide me with copies of any documents, then please provide me with the copies of the same documents, either through physical copy but preferably through soft copy on Compact Disc (hereinabove referred as CD) or by attached file(s) through Emails at my Email address mentioned in this RTI Application."
The CPIO furnished a reply to the complainant on 03.08.2021 stating as under:
"Record can be inspected during any working day for obtaining xerox of document available in record paying Govt. fee copy of Rs2/- per copy between 11:00 AM to 01:00 PM."
Being dissatisfied, the complainant filed a First Appeal dated 04.08.2021. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Page 6 of 9Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present in person.
Respondent: Not Present.
Written submissions of the Complainant are taken on record.
The Complainant, during the hearing, reiterated the contents of his RTI application and instant complaint and submitted that the Respondent had wrongly asked him for inspection of records in their office. He stated that complete information should have been provided to him in hard-copy.
The Complainant further apprised the Commission that second appeal in the matter has already been heard and adjudicated by the Commission in file No. CIC/GNCTD/A/2021/147088 dated 31.05.2023.
Upon being queried by the Commission that as to why he has not informed the Commission at the stage of hearing of his second appeal of instant RTI application that a complaint in this regard is also pending, the Appellant has submitted that he has informed the same but the same has not been recorded in the order dated 31.05.2023.
Decision The Commission, after adverting the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Complainant is aggrieved that satisfactory response was not provided to him by the Respondent as per his RTI application. In this regard, it was noteworthy that a reply by the Respondent has been provided vide letter dated 03.08.2021 as per the provisions of the RTI Act.
It is further observed that second appeal in the matter of identical RTI application has already been heard and adjudicated by the Commission in file No. CIC/GNCTD/A/2021/147088 dated 31.05.2023 where the Respondent has Page 7 of 9 already given the explanation that as to why inspection of record was facilitated to the Complainant.
It was noteworthy that a reply by the Respondent has been provided vide letter dated 03.08.2021 as per the wisdom of the CPIO.
Now, being a Complaint under Section 18 of the RTI Act, the facts of the case do not warrant any action under Section 18(2) of the RTI Act against the CPIO as it does not bear any mala fides or an intention to deliberately obstruct the access to information as alleged by the Complainant. Here, it is relevant to quote a judgment of the Hon'ble Delhi High Court in the matter of Registrar of Companies & Ors v. Dharmendra Kumar Garg & Anr. [W.P.(C) 11271/2009] dated 01.06.2012 wherein it was held:
" 61. It can happen that the PIO may genuinely and bonafidely entertain the belief and hold the view that the information sought by the querist cannot be provided for one or the other reasons. Merely because the CIC eventually finds that the view taken by the PIO was not correct, it cannot automatically lead to issuance of a show cause notice under Section 20 of the RTI Act and the imposition of penalty. The legislature has cautiously provided that only in cases of mala fides or unreasonable conduct, i.e., where the PIO, without reasonable cause refuses to receive the application, or provide the information, or knowingly gives incorrect, incomplete or misleading information or destroys the information, that the personal penalty on the PIO can be imposed...."
The Commission further observed that the Complainant has filed a complaint before the Commission under Section 18 of the RTI Act and the Commission, at this stage, cannot direct the Respondent to provide revised information at the stage of adjudicating the complaint. If the Complainant is not satisfied with the response/reply/information received by him after the directions of the Commission in second appeal, he could have filed non-compliance petition before the Commission.
In view of the above, the Commission is of the opinion that there is no mala fide intention of obstructing the information to the Complainant, hence no action is warranted under section 20 of the RTI Act.
Page 8 of 9Further, the Respondent has not bothered to intimate the Commission regarding the reason for his/her non-appearance and the said conduct is admonished. The Commission cautions the Respondent that in future, he/she shall refrain from committing such lapses.
The Complaint is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
THE F.A.A, O/o ADDITIONAL DISTRICT MAGISTRATE, DISTRICT NORTH-WEST, KANJHAWALA, DELHI - 110081 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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