Central Information Commission
Shyamlal Dua vs Office Of The Chief Minister Delhi on 25 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/OOCMD/A/2023/120914
Shyamlal Dua .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Chief Minister's Office,
A-315, 3rd Level, Delhi
Secretariat, New Delhi - 110002 .... ितवादीगण /Respondent
Date of Hearing : 30.07.2024
Date of Decision : 13.08.2024
Date of SCN Hearing : 04.09.2025
Date of SCN Decision : 25.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 26.12.2022
CPIO replied on : 11.01.2023
First appeal filed on : 03.02.2023
First Appellate Authority's order : 21.02.2023
2nd Appeal/Complaint dated : 06.05.2023
Information sought:
The Appellant filed an RTI application dated 26.12.2022 seeking the following information:Page 1 of 15
"You are kindly requested to intimate the action taken on the follow my matters.
1. Please provide a copy of action taken on my application dated 21.11.2022 regarding corruption on your office by an officer in the rank of Dy Secretary & Finance (Exp.I). Please provide a copy of the rule under which no action has been taken along with a copy of note sheet of relevant file.
2. Also provide a copy of the action taken on my application dtd. 10.8.2022 & reminder dtd. 1-11-2022 regarding reign of corruption in the O/o Registrar coop Societies G.N.C.T.D along with of a copy of note sheet of relevant file. Please copy of rule under which no action has been taken by your of is office & forwarded my application to the Registrar coop Societies ND for taking action who also have failed to take any action.
3. Please provide a copy of the action taken on my application dtd. 1-11- 2022 addressed to Shri Krishan Kumarji, RCS, and a Copy to your office Regarding referend of Rs. 4500/- to Navyug Adarsh C.G.H.S Ltd V. Kaspuri New Delhi illegally imposed on and in violation of rule u/s to (1) of DCS Rules 2003. No opportunity has been given to the Society and it relates to the COVID 19 period"
The PIO, CM Office, New Delhi replied to the Appellant on 10.01.2023 stating as under:
"With reference to the subject cited above, as per record of computer letters monitoring system of CM Office, the applicant's letter dated 21/11/2022 was received by this branch vide Dy. 43511 dated 28/11/2022 and the same was forwarded to CS / Secretary Finance. Similarly, applicant's letter dated 10/08/2022 was also received by this branch vide Dy. No. 32241 dated 24/8/2022 and the same was forwarded to Secretary (Coop) for further necessary action (letters movement details enclosed)."
The PIO furnished a reply to the Appellant on 11.01.2023 stating as under:
"This is with reference to your RTI Application received in this office on 29.12.2022 and in continuation to this office letter of even number dated 29.12.2022 transferring therewith RTI Application to PIO, Finance Department, GNCTD and PIO, Co-operative Department, GNCTD under Section 6(3) of the RTI Act, 2005.Page 2 of 15
In this regard, the requisite information pertaining to this office, as received from the concerned SO(Admin) is enclosed. (03 Pages)"
Being dissatisfied, the appellant filed a First Appeal dated 03.02.2023. The FAA vide its order dated 21.02.2023, held as under:-
"I have gone through the records. It is observed that PIO, CM Office on 29.12.2022 had transferred RTI application to PIO, Finance Department and PIO, Co-operative Department, GNCTD under section 6(3) of RTI Act, 2005 as the queries related to that department. Also, PIO, CM Office on 11/01/2023 enclosed the reply received from Administration branch. Thus, PIO, CM Office has replied as per available records.
Section 6(3) of RTI Act, 2005 states that public-authority, which is not concerned with the requested information, shall transfer the application to such other public authority which hold the information or to the authority to which the subject matter is more closely connected. As such, PIO has responded in accordance with provisions of RTI Act, 2005. Now, you may file an appeal in those transferee departments on which information was to be received or not satisfied over information sought from transferee department.
The appellant may, if so desires, file First Appeal/s with transferee department, in case of 'nil' or unsatisfactory response as the reply lies with transferee department.
No further intervention is required by First Appellate Authority, CM Office. The First appeal is disposed of accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing on 30.07.2024:
The following were present:-
Appellant: Present in person Respondent: Shri Rajeev Kumar Dy. Secretary-cum-PIO, Shri Murali N., APIO, CM Office, Delhi (Respondent No. 1), Shri Ravish Mann, Sr. Assistant, Finance Department, Sunil Kumar Sachan, PIO & Dy. Secy. Finance Deptt., Delhi Page 3 of 15 Secretariate, (Respondent No. 2) and Shri Arun Rana, ASO, RCS, New Delhi (Respondent No. 3), appeared in person.
The appellant inter alia submitted that desired information was not provided by the respondent till the date of hearing. He stated that his RTI application was transferred from one department to another, but proper reply was not furnished.
The respondent No. 1 (PIO, CM Office, New Delhi) submitted that RTI application filed by the appellant was forwarded to the PIO, Finance Department, GNCTD and PIO, Co-operative Department, GNCTD under Section 6(3) of the RTI Act, 2005 vide letter dated 29.12.2022.
The respondent No. 2 (PIO/Dy. Secy. Finance Deptt.,) submitted that they had replied the RTI application vide letter dated 10.04.2023 wherein he enclosed a copy of the reply received from Section Officer (Finance) in which it was stated that "requisite information does not pertain to this Division as the same has not been received in this Division as per the available records. The Points No. 2 and 3 are also not pertains to Administration Division. It is further informed that the application/letter dated 21.11.2022 received in the secretary (Finance) Branch, Finance Department vide Dy. No. cwol22t43511 and forwarded to the secretary (Vigilance) on the dak stage only."
The respondent No. 3 (RCS, New Delhi) vide letter dated 10.03.2023 informed the appellant that information sought does not pertain to his section.
Order on 13.08.2024:
"The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the RTI application was filed before the PIO, CM Office, New Delhi which was forwarded to the PIO, Finance Department, GNCTD and PIO, Co-operative Department, GNCTD under Section 6(3) of the RTI Act, 2005 vide letter dated 29.12.2022. The respondent No. 1 stated that since the matter pertained to respondent No. 2 and 3, therefore, the application had forwarded them for providing information directly to the appellant.
Perusal of the records reveals that the respondent No. 2 and respondent No. 3 submitted that information sought does not pertain to them. Thus, proper reply could not be given to the appellant. The appellant has simply sought information regarding action taken on his complaints which were not replied as per the true spirit of the RTI Act. The respondents were shifting their responsibilities from one to another. It is Page 4 of 15 noted that act the respondents do not appear to be in the consonance of the provisions of the RTI Act.
In view of the above, Shri Anil Droliya, the then PIO (Finance Department), Shri Sunil Kumar Sachan, present PIO & Dy. Secy. (Finance Deptt.,) Delhi Secretariate, and Shri Rajeev Chhabra, PIO, O/o Registrar of Cooperative Societies, New Delhi are show caused to explain as to why maximum penalty under Section 20(1) of the RTI Act should not be imposed against each of them for not providing the information to the appellant. The present PIOs are given responsibility to serve a copy of this order as well as the show-cause notice to the then PIO concerned and secure his written explanations as well as attendance on the next date of hearing. All the written explanations (from all the PIOs) must reach the Commission within three weeks from the date of receipt of this order.
Further, the respondents are directed to provide information to the appellant as per the provisions of the RTI Act, free of cost, within three weeks' time from the date of receipt of this order. The PIOs if needed, may invoke section 5 (4) of the RTI application in case the matter pertained to different department. "
Relevant Facts emerged during Show-Cause proceedings held on 04.09.2025:
I. The following were present:- Appellant: Present in person.
Respondent: Shri Satish Kanojia, PIO-cum-OSD to C.M., Shri Manoj Kumar Jain, APIO-cum-SO, Shri Chetan Singh, ASO, Shri Rajeev Chhabra, Assistant Registrar/Office of Registrar of Cooperative Society, Shri Anil Kumar, SO (Department of Education) and Shri Bipul Kumar, SO-cum-APIO (Finance Department/GNCTD), attended the hearing in person.
II. The Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application.
III. Shri Anil Kumar, SO (Department of Education), submitted that the relevant information sought in the instant RTI Application pertains to other department and accordingly assistance under Section 5 (4) of the RTI Act was sought from the custodian of records i.e. Deputy Secretary Finance Expenditure-I. He added that the relevant information received Page 5 of 15 from the custodian was forwarded to the Appellant vide letter dated 10.04.2023.
IV. Shri Rajeev Chhabra, Assistant Registrar/Office of Registrar of Cooperative Society, submitted that presently he is not holding the charge of the PIO.
He added that their office has not received any representation/application from the Appellant regarding refund of penalty imposed upon him. However, in compliance with the direction of the Commission, a suitable reply has been given to the Appellant by the PIO (Finance/Exp-I) stating as under:
1. "There is no single rule but the code of conduct and procedure of disciplinary enquiry as well as the guidelines of CVC, this branch does not have any specific information related to the copy of Rules/procedures for disposing of cases of corruption/misappropriation of Government money.
2. As no application/complaint was received in this branch, therefore, there is no issue of its examination, or any action taken on the said complaint.
3. As in point no 2
4. As in point no 2"
V. He added that he the Appellant is a habitual complainant and has been consistently filing complaints against the officers/officials of the RCS as well as the Co-operative Societies, where he is living. These complaints/grievances are general in nature without any substantial evidence/proof. Most of the complaints/grievances are of allied nature and have already been addressed by this office in true letter and spirit. As regard to the instant application in question, it is stated that this office was in receipt of complaints in bulk from the complainant containing similar content, out of which most of them have been addressed. However, the instant complaint under reference is not traceable and appears to have been left out due to oversight by the then staff. With regards to point No. 3 of the RIT Application, a penalty of Rs. 4500/- was imposed on Navyug Adarsh CGHS Ltd. Society by the RCS vide Order dated 29.08.2022 for non-conducting of Audit for the period 2018-19 to 2020-21 and 2020-21 under the provision of Rule 167 of the DCS Rules, 2007 and added that no provision of appeal exists and any penalty/fine collected by the Government, on account of violation of an act/rule and is non- refundable.Page 6 of 15
VI. A written explanation to the SCN has been received from Shri Anil Kumar, Section Officer and then APIO/Nodal PIO (Finance Department), vide letter dated 19.09.2024, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"Sir, I, Anil Kumar (Wrongly mentioned as Anil Droliya) while functioning as APIO/Nodal PIO (RTI) in Finance Department has dealt this RTI case of Appellant Shri Shyamlal Dua which is explained as under:-
That the RTI Application of the Applicant Shri Shyamlal Dua was received by me in the file put up by Shri Rajesh Kumar, Assistant Section Officer (RTI Cell) on 17.03.2023 alongwith the proposal in a note (copy enclosed) mentioning to forward the aforesaid RTI application to the Custodian of Records i.e. Deputy Secretary Finance Expenditure-I (Shri Ravinder Kumar) under Section 5(4) of the RTI Act, 2005 through RTI Cell office U.O. letter No. F.7/6/2012/FD/DS-IV/51 dated 13.03.2024 (copy enclosed).
The information as received from Shri Awneesh Kumar, Section Officer (Finance) on behalf of Deputy Secretary Finance Expenditure-I vide U.O. letter No. F.32/Fin./AD/Misc/2021/ds1/243 dated 24.03.2023 (copy enclosed) was provided to the Applicant vide this RTI Cell letter No. F.7/6/2012/FD/DS-IV/75 dated 10.04.2023 through Speed Post.
Since, the assistance of Deputy Secretary Finance Expenditure-I was sought in this case and Section Officer (Finance) on his behalf had provided the information and as per Section 5(5) of the RTI Act, 2005 for the purpose of contravention of any of the provisions of this Act (RTI Act, 2005) such other officer shall be treated as CPIO or SPIO please.
From the above statement it may be inferred that I have followed the RTI Act, 2005 in dealing with the RTI Application of the Applicant and not violated any of the provisions of this Act at any stage at all."
VII. A written explanation to the SCN has been received from Shri Rajeev Kumar, PIO-cum-Deputy Secretary (CMO), vide letter dated 13.09.2024, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"Sir, This is in reference to your order issued vide No. CIC/OOCMD/A/2023/120914 dated 13/08/2024 in the case of Shri Shyamlal Dua, Appellant Versus PIO, Chief Page 7 of 15 Minister Office, Delhi vide which a decision has been given on appeal submitted by the concerned appellant which was listed for hearing in the Commission on 30/07/2024.
In this regard, it is submitted that:
1. As per available record, an RTI application of Shri Shyamlal Dua, Appellant was received in this office on 29/12/2022. The said RTI application was forwarded to Finance Department, GNCTD and Co-operative Department, Office of the Registrar Co-operative Societies, GNCTD vide letter dated 29/12/2022 as the information sought was pertain to these departments and there was no key role in this issue.
2. In continuation of above letter, a reply was also provided to the appellant vide this office letter No. F.1/CM/RTI/2022/ID-1166/47033 dated 11/01/2023.
In the reply, it was informed that the letter dated 21/11/2022 was forwarded to CS/Secretary Finance and letter dated 24/08/2022 was forwarded to Secretary (Coop).
3. The applicant filed First appeal to First Appellate Authority of Chief Minister Office on dated 07/02/2023 which was disposed of mentioning that the PIO, CM Office had transferred the RTI application to PIO, Finance Deptt and PIO, RCS under section 6(3) of RTI Act, 2005 as the queries related to that department and reply was also given as per available record.
4. In compliance of the direction given by the Commission, the undersigned has again requested to the transferee departments, as mentioned above, to furnish correct and complete information to the appellate as per provision of RTI Act 2005, free of cost, within given time frame vide this office letter dated 13/09/2024 (copy enclosed).
Accordingly, in light of the above information, this submission is hereby submitted for your favourable consideration and disposal please."
VIII. A written explanation to the SCN has been received from Shri Sunil Kumar Sachan, PIO-cum-Deputy Secretary (Expenditure-IV), vide letter dated 17.09.2024, informing as under:
"Please find enclosed herewith copy of Order dated 23.08.2024 passed by Central Information Commission in r/o RTI Appeal titled as Shyamlal Dua Versus PIO, Chief Minister's Office, A-315, 3rd Level, Delhi Secretariat, New Delhi- 110002 (File No. CIC/OOCMD/A/2023/120914) received in RTI Cell of Finance Department, GNCTD vide diary no. Fin/24/10785 dated 06.09.2024. The Central Information Commission vide Order dated 23.08.2024 has directed to provide information to the appellant as per the provisions of the RTI Act, free of cost, within three weeks' time from the date of receipt of this order. The PIO if needed, may invoke Section 5(4) of the RTI application in case the matter pertained to different department.
Therefore, in compliance to the above mentioned order, the RTI application bearing ID No. 11 dated 13.03.2024 of the Applicant Shri Shyamlal Dua is being Page 8 of 15 again transferred to you under Section 5(4) of RTI Act, 2005 to kindly provide the requisite information alonwith any documents so that the same be provided to the said applicant within three weeks i.e. on or before 27.09.2024. APIO/ Nodal PIO, RTI of Finance Department to coordinate and ensure that the reply as mentioned above is received before due date and applicant be informed accordingly."
IX. A written submission has been received from Shri Ravinder Kumar, PIO- cum-Deputy Secretary (Finance/Exp-I), vide letter dated 24.09.2024, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"At the outset it is to clarify that the original application of Sh. Shyam Lal Dua dated 21.11.2022 addressed to Hon'ble CM and subsequent letter to the PIO Finance Department o/o CM Delhi dated 06.06.2023 were never received in the Finance Department by the undersigned i.e., Deputy Secretary Finance I. However, the contents of the letters have been received now which is also elaborated in the decision dated 13.08.2024 of the Hon'ble Information Commissioner. In this regard the point-wise comments of the Expenditure-I branch are as under:
5. There is no single rule but the code of conduct and procedure of disciplinary enquiry as well as the guidelines of CVC, this branch does not have any specific information related to the copy of Rules/procedures for disposing of cases of corruption/misappropriation of Government money.
6. As no application/complaint was received in this branch, therefore, there is no issue of its examination, or any action taken on the said complaint.
7. As in point no 2
8. As in point no 2 Hon'ble Information Commissioner in the decision dated 13.08.2024 has mentioned an RTI application of application dated 26.12.2022 out of the 03 points only the following point no 1. relates to the Expenditure-I branch.
1. In this regard it is reiterated that no such application dated 21.11.2022 has been received by the o/o undersigned i.e., Deputy Secretary Finance, Expenditure-l and therefore, the o/o Deputy Secretary Finance Expenditure-l is/was not liable to take any action on that.
It is further submitted before the Central Information Commission that the Finance Department including the undersigned Deputy Secretary Finance Expenditure-l are fully committed to provide all information available with this office. Whenever an RTI application under the RTI Act is received, every endeavour is made to provide the information in timebound manner. Whenever the applicant makes an RTI seeking a specific information and which is Page 9 of 15 permissible under RTI Act, the same shall be provided within the prescribed time frame.
In view of the above facts, it is humbly submitted that Hon'ble Information Commissioner may withdraw the show cause notice and may not impose any penalty under Section 21 of the RTI Act."
X. A written explanation to the SCN has been received from Shri Sunil Kumar Sachan, PIO-cum-Deputy Secretary (Expenditure-IV), vide letter dated 25.09.2024, informing as under:
"With respect to the subject matter cited above I am extremely grateful to Hon'ble Central Information Commission for providing me an opportunity to express myself in writing with respect to decision in the 2nd Appeal in the RTI Application of the Applicant Sh.Shyam Lal Dua listed and heard before the Hon'ble Central Information Commission on 30.07.2024 : -
That it is brought before the Hon'ble Central Information Commission that since Sh. Anil Kumar, Section Officer who was functioning as APIO/Nodal PIO on behalf of Finance Department and who solely dealt with this RTI Application of Sh. Shyam Lal Dua and who was well versed with this case got transferred to Education Department vide stand relieving order of services Department order No. F.55/21/2022/S-I/ Order No. 246 dated 26.07.2024 (copy enclosed as Annexure-l) and he joined the said department on the same date and therefore he could not represent the case before the Hon'ble Central Information Commission on the said date and time and therefore I had to appear. That the directions of the Hon'ble Central Information Commission, in the said date of decision order dated 13.08.2024 and Show Cause Notice, the said order and Show Cause Notice were duly forwarded to Sh. Anil Kumar, Section Officer who functioned as APIO/Nodal PIO (RTI) Finance Department, Govt of NCT of Delhi and who had dealt this RTI Application of The Applicant and also to Sh. Ravinder Kumar, Deputy Secretary Finance Expenditure -I Division vide this office letter No. F.7/6/2012/FD/DS-IV/260-262 dated 12/09/2024. (Copy enclosed as Annexure-II). The Order and Show Cause Notice were duly received by both these PIOs.
That as per the written statement (which is self- explanatory) dated 19.09.2024 (copy enclosed as Annexure-III) furnished by Sh. Anil Kumar, Section Officer, the then APIO/Nodal PIO (RTI) Finance Department, Govt of NCT of Delhi addressed to the Hon'ble Central Information Commission, the said RTI Application was dealt by him (Copy of Note sheet enclosed as annexure- V). The Information obtained by him by writing to Sh. Ravinder Kumar, (reply furnished by Sh. Awneesh Kumar, Section officer of Sh. Ravinder Kumar's office) Deputy Secretary Finance Expenditure -I Division vide office letter No. F.7/6/2012/FD/DS-IV/51 dated 13/03/2023(Copy Enclosed as annexure-IV) and the same was dispatched to the Applicant at his given Address through Speed Post vide office letter No. F.7/6/2012/FD/DS-IV/75 dated 14/04/2023(Copy Page 10 of 15 Enclosed as Annexure-VI)(the speed post letter along with the reply has not been received undelivered to this office till date). That the directions given in the Hon'ble Central Information Commission date of decision order dated 13.08.2024 letter has been again written to the other public authority i.e. Sh. Ravinder Kumar, Deputy Secretary Finance Expenditure-I of the Finance Department, Government of NCT of Delhi who is also the custodian of the records/Information pertaining to the said RTI of the Applicant under Section 5(4) of the RTI Act, 2005(Copy enclosed as annexure-VII) with the request to furnish the information on the said RTI Application to the Applicant. The Information/reply have been provided by PIO (as mentioned in above paragraph) with reference to the Hon'ble Central Information Commission date of decision Order Dated 13.08.2024, vide his office letter No. ds1/804 dated 24.09.2024(Copy enclosed as Annexure-VIII) and the same have been dispatched to the Applicant with a copy to the Commission by the above-mentioned PIO.
It is further to mention here that all the RTI Applications received as per Section 6(1) of the RTI Act, 2005, in Finance Department, are dealt strictly as per the laid down provisions in the said Act and also that the Information is provided to the Applicant in a fair and transparent manner.
In view of above, Hon'ble Central Information commission is humbly requested to kindly waive off the SCN and also the maximum penalty clause issued from the date of decision order dated 13.08.2024 please.
I shall be highly obliged to you in this regard."
XI. A written submission has been received from Shri Rajeev Chabra, PIO- cum-Assistant Registrar, vide letter dated 27.09.2024, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"At the instance, it is humbly informed that the above matter of appeal was of CPIO O/o the Chief Minister of Delhi informing them the date of hearing on 30.07.2024 at 12:50pm. Since the matter was not against 0/0 the RCS no such notice was issued for this office.
However, a letter was received from Dy. Secretary/PIO, O/o the Chief Minister of Delhi in the evening of 29.07.2024 itself (at around 5pm) forwarding their notice for 30.07.2024 morning..
It is also humbly informed that the undersigned, the present PIO of Sec. 5 joined this office only a few days back on 15.07.2024 and had never worked earlier in O/o the RCS in any capacity.
As soon as, it came in notice on 29.07.2024 (evening), the concerned Dealing Assistant consulted the previous APIO Sh. Ram Kumar (who was on leave/under transfer to some other department). On the basis of information gathered a reply/status report was prepared to be submitted for hearing of 30.07.2024. It was informed to the undersigned that a no. of complaints and Page 11 of 15 RTIs are there by Sh. Shyam Lal Dua earlier also which have been addressed by this office. It was also informed that a penalty of Rs. 4500/-was imposed on Navyug Adarsh CGHS Ltd. (and not on Sh. Shyam Lal Dua) by the Audit Branch of RCS Office vide order AR. (Audit)/2022/702 dated 29.08.2022 for not conducting Audit under the provisions of Rule 167 of the DCS Rules, 2007. It is worth mentioning that this penalty was not levied by this branch of RCS. Audit Cell is a separate and independent branch and not under Section 5. Since, the undersigned was very new to this office for such technical aspects and the APIO was confident enough and was handling such matters including all previous RTIs and complaints of Sh. Shyam Lal Dua, he accompanied with copy of status report/reply.
Later copy order of Hon'ble CIC for the hearing at 30.07.2024 was received. It is humbly requested that the undersigned has utmost respect for your office as well as the spirit of RTI Act. Please accept my apologies for such mishappening and inconvenience caused due to such communication gap. There was not at all any intension to avoid Hon'ble Commission. It was assured that the person conversant with the matter and background attend the hearing and present the same.
Report of further action taken by present PIO:
Further, on recript of order in this matter the earlier records were called/traced and it emerged that the reply of RTI was sent to Sh. Shyam Lal Dua by the then PIO vide letter dated 10.03.2023 informing him that the information sought does not pertains to this office and accordingly the reply was sent.
1. As regard to his grievances in compliance of order of Hon'ble CIC, this office tried to search/collect the status of the complaints referred by Sh. Shyam Lal Dua in point 2 & 3 of his RTI application Le Application dated 10.08.2022 and reminder dated 01.11.2022 Application dated 01.11.2022 regarding refund of Rs. 4500/- to Navyug Adarsh CGHS Ltd. regarding non submission of Audit report by the society.
2. In this regard, efforts were made to track the same but no such complaints were found received/deult with in this section.
3. On the basis of the contents a letter was sent ot the Assistant Registrar, Audit Branch, O/o the RCS to know the status action taken report of such complaints (copy attached). The reply is awaited as on date
4. As per directions of Hon'ble CIC the then, PIO/APKO as mentioned below have also been informed regarding the direction of Hon'ble CIC calling their written explanations and attendance on Next Date of Hearing and also to upload the same (copies of letter enclosed):Page 12 of 15
Bishamber Nath (the then PIO), SDM-V(HQ),0/ the Div. Commissioner, 5 Sham Nath Marg, Civil Lines, Delhi-110054, ii. Sh. Ram Kumar (The then APIOJ, Section Officer, Home, Department, GNCT of Delhi, 5th Floor, Delhi Secretariate, I.P. Estate, Delhi
5. Simultaneously, we have requested Sh. Shyam Lal Dua, the appellant to provide copies of his complaints to this office so that exact grievances/subject matter could be understood and further processed for a proper action. He has been provided ari opportunity to he heard also (copy enclosed).
This office is trying its level best to sort out the grievances of Sh. Shyam Lal Dua and will take necessary action as soon as he responds and provides details of his complaints/grievances. As the matter may have been taken earlier by the Audit Branch, they have also been simultaneously requested to provide the status. Sh. Shyam Lai Dua is also requested that he may directly approach RCS office itself, at its concerned section or branch, as the case may be, for his grievances, if any, so that his representations and RTIs ete are received and dealt with at the right place atleast.
It is again submitted that the undersigned has highest regards to the orders of Hon'ble CIC in letter and spirit. The undersigned being the present PIO, is not responsible regarding the action/non-action in respect of RTis of Sh. Shyam Lal Dua prior to my tenure and it is again humbly requested to accept my sincere apologies and withdraw the Show Cause Notice against the present PIO. The undersigned is also coordinating with Sh. Shyam Lal Dua regarding his grievances under reference as well as with the Audit Branch of RCS Office, outcome of which will also be informed."
XII. A written submission has been received from Shri Bishamber Nath, PIO-
cum-SDM-V (HQ), vide letter dated 24.10.2024, informing as under:
"Sir, to Kindly refer Hon'ble Information. Commissioner order No. CIC/OOCMD/A/2023/120914, received through Assistant Registrar (GH Sec. 5) Letter No: F.Misc/CIC/Sect.-5/2023/255 dated 25.09.2024 for the submission of written explanation of the undersigned and also to attend the next date of hearing (yet to be received).
In this regard, firstly, I sincerely and humbly apologize for the inconvenience caused to the Hon'ble Information Commissioner and to the applicant in the above cited matter.
It is submitted that undersigned has been transferred to Revenue Department, Govt. of NCT of Delhi and at present is not working in the Office of Registrar Cooperative Societies. Accordingly, not having in possession of any of the Page 13 of 15 record/document/file related to the matter. The undersigned, however, immediately requested the Office of Registrar Cooperative Societies to provide copies of related document. The Office of Registrar Cooperative Societies has now provided the copies of related documents.
In the light of above, the undersigned, most respectfully prays the Hon'ble CIC to kindly allow a week time to submit reply in the matter please."
Decision in respect of Show-Cause proceedings:
XIII. Perusal of the documents submitted by the Noticees- Shri Anil Kumar, the then PIO (Finance Department), Shri Sunil Kumar Sachan, PIO & Dy. Secy. (Finance Deptt.,) and Shri Rajeev Chhabra, PIO, O/o Registrar of Cooperative Societies, New Delhi, reveals that in compliance to the previous direction of the Commission passed vide order 13.08.2024, the Respondent's office has made sincere efforts to locate the requisite information but since their office has not received the averred representations from the Appellant, no information is available in their records. The written explanations filed by three the PIOs are found reasonable and satisfactory. In view of the above observations and in the absence of any mala fide on part of the PIOs, it would not be appropriate to initiate any action for imposition of penalty on the PIOs. Therefore, the Show-cause notice issued is hereby dropped.
The show cause notice is hereby dropped, and the matter stands 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 Page 14 of 15 Copy To:
Shri Anil Kumar, A-315, 3rd Level, Delhi Secretariat, New Delhi - 110002 Shri Sunil Kumar Sachan, PIO & Dy. Secy. (Finance Deptt,) A-315, 3rd Level, Delhi Secretariat, New Delhi - 110002 Shri Rajeev Chhabra, PIO, O/o Registrar Co-operative Societies, Old Court Building, Parliament Street, New Delhi - 110001 PIO, Government of NCT O/o PIO, Finance Department 4th Level A Wing, Delhi Sachivalaya IP Estate, New Delhi- 110002 The FAA, Chief Minister's Office, A-322, 3rd Level, Delhi Secretariat, New Delhi - 110002 Page 15 of 15 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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