Central Information Commission
Naresh Kadyan vs Department Of Administrative Reforms & ... on 8 February, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के य सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DARPG/A/2021/632434
Naresh Kadyan ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Department of Administrative
Reforms and PG, RTI Cell,
Sardar Patel Bhawan, Sansad
Marg, New Delhi-110001. .... ितवाद गण /Respondent
Date of Hearing : 06/02/2023
Date of Decision : 06/02/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on :14/04/2021
CPIO replied on :31/05/2021
First appeal filed on :16/05/2021
First Appellate Authority's order :02/07/2021
2nd Appeal/Complaint dated :NIL
Information sought:
The Appellant filed an RTI application dated 14.04.2021 seeking the following information:
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"Societies Registration Act, 1860 permitted for specific reasons for charity purposes only, Societies Registered under this Act, should elect its managing Committee bearing Chairman - President, Secretary with Cashier position for three years, one office bearer not eligible for second consecutive terms for same post, besides it Ex officio with Nominations allowed in maximum Societies as registered under above Act but handled by Government as Gandhi Smriti and Darshan Samiti, Rashtriya Ayurveda Vidyapeeth, National Bee Board, Bharat Scouts & Guides, Hindustan Scouts & Guides Association, National Council for Hotel Management and Catering Technology, Indian Red Cross Society, National Board of Examinations, St. John Ambulance (India), Hind Kusht Nivaran Sangh, Tuberculosis Association of India, Delhi State AIDS Control Society, Delhi Society for the Welfare of Mentally Retarded Children, Delhi House Society, Delhi Public School Society, 1664 Non Governments are registered under the Foreign Contribution Regulation Act (FCRA), hence following Information in complete as copies with concerned Noting Sheets be supplied, related to all above Societies, Registered under the Societies Registration Act, 1860 under jurisdiction of Delhi, strict compliance of all terms and conditions:
1. Allotment of land and building, with copies of terms - condition and compliance. Election procedure of all General Bodies, Management Committees under the Societies Registration Act, 1860.
2. Rules under which Ex Officio, co-opted as office bearer of the Society for life time, annual reports of last 5 years.
3. Rule under which officials Nominated in the Management Committee of the Society without election.
4. Rules under which Amendments of Bye Laws - Memorandum of Association take place in the Society.
5. Copies of registration certificate with the status report on the strict compliance of the Society Registration Act, 1860 by all Societies Registered in Delhi.
6. Complete list of functional - Non-functional - defunct Societies, Registered under the Societies Registration act, 1860 in the jurisdiction of Delhi.
7. Rules under which these registered Societies be renewed, status after the death of the office bearers of the Society along with complete list of land - building allotted with terms - conditions and compliance.
8. Rules under which profit earning - sharing among its Members Society can be registered under Society Registration Act, 1860.
9. Rules under which all property, movable - Immovable assets can be handed over to the Government after the dissolution of the Society under Societies Registration Act, 1860."2
The CPIO furnished a reply to the appellant on 31.05.2021 stating as under:
"No information is available with the undersign w.r.t. your RTI Sir delay in response due pandemic is highly regretted as the CPIO got infected with covid 19 and could not attend your request in time."
Being dissatisfied, the appellant filed a First Appeal dated 16.05.2021. FAA's order dated 02.07.2021 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Prashant Pandey, US & CPIO present through intra-video conference.
The CPIO submitted that the Appellant sought for information related to certain Societies registered under the Societies Registration Act, 1860 while the Societies Registration Act, 1860 does not come under purview of DARPG and therefore the Appellant was informed that no such information is available with their office. Further, the reason for not providing reply within time limit of 30 days was mentioned by the then CPIO in his reply. He further urged that considering the unprecedented situation during April-May, 2021 caused by the Covid-19 pandemic and because the concerned CPIO was himself was infected, delay in replying the RTI Application by the then CPIO may be considered as a bonafide lapse and may, therefore, be condoned.
Decision:
The Commission based on a perusal of the facts on record observes that the instant RTI Application has not been filed as per Section 6(1)(a) of the RTI Act which provides as under:3
"(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to--
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;"
It is clear beyond reasonable doubt that the subject matter of the information sought for in the instant RTI Application does not concern the Respondent office, and therefore the Commission does not find any infirmity in the reply of the CPIO.
The appeal is dismissed accordingly.
सरोज पुनहािन)
Saroj Punhani (सरोज हािन
सूचना आयु&)
Information Commissioner (सू
Authenticated true copy
(अिभ मा(णत स)या*पत ित)
(C.A. Joseph)
Dy. Registrar
011-26179548/ [email protected]
सी. ए. जोसेफ, उप-पंजीयक
दनांक /
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