Central Information Commission
Dr. Hari Dev Goyal vs Office Of The Registrar Coop. ... on 12 February, 2009
CENTRAL INFORMATION COMMISSION
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Decision No. CIC /SG/A/2008/00308/1637
Appeal No. CIC/SG/A/2008/00308
Relevant Facts emerging from the Appeal
Appellant : Dr. Hari Dev Goyal,
55, Kamakshi Apartments,
Plot No. 28, Sector-6, Dwarka,
New Delhi -110075.
Respondent 1 : Mr. Tej Pal,
Asst. Registrar (SW) & PIO, Govt. of NCT of Delhi.
Office of the Registrar Coop. Societies, Old Court Building, Parliament Street, New Delhi -110001.
RTI application filed on : 14/01/2008
PIO replied : 15/02/2008
First appeal filed on : 27/02/2008
First Appellate Authority order : 16/05/2008
Second Appeal filed on : 05/12/2008
The appellant had asked in RTI application for action taken along with Reasons and Noting on the file against officials of the RCS and C.M. Mathew of the Rajnigandha CGHS Ltd. and criminal conspiracy by the officials of the RCS office and C.M. Mathew of Rajnigandha CGHS Ltd. Detail of required information:-
S. No. Information Sought. The PIO replied.
A. Complaint against officials of the RCS and 1. It is submitted that no vigilance case can be C.M. Mathew of Rajnigandha CGHS Ltd. opened against any official until the action taken along with reasons and noting on involvement into the matter of corruption is the file - in this regard:- proved during the course of enquiries. Shri.
1. Names and designations of the H.D.Goyal has been submitting officials dealing with this case; representations to all the authorities with only
2. Action taken against the concerned officials one objective in view that his membership in of the RCS office for indulging in corrupt the said society was ceased vide order dated practices and showing favoritism o 13/05/2000 by the then RCS u/s 86 of DCS C.M.Mathew of Rajnigandha CGHS cover Act. The order of the RCS cannot challenge. up his illegal activities; Even after he lost his appeal in the Hon'ble
3. Action taken against 54 members of the High Court against the decision by Financial Rajnigandha Society who filed wrong/false Commissioner he is trying to file such affidavits for getting membership and flats complaints. Sh. H.D. Goyal is in a habit of for financial gains in connivance with C. M. using incorrect/unwarranted words like Mathew; corruption or criminal conspiracy on the part
4. Action taken against outside - Delhi of officials of RCS in his complaints and also members of the Society who never visited follow them under RTI Act which appear to nor stayed in Delhi and submitted affidavits be against the Law & Order. attested by Oath Commissioners stationed at 2. There is no official of RCS found indulging in Hyderabad (AP) and other cities of Andhra corruption and showing favoritism to Sh. Pradesh; C.M. Mathew as claimed by the complainant.
5. Reasons for not taking action by the official 3. The information as status report was forwarded of the RCS against the violators of the law as by this office vide letter no. well as against C.M. Mathew who has been 47/1628/Coop/GH/SW/3039 dated openly claiming for the last nine years that 11/03/2005. the action for 5 cases covered officials of the RCS are paid sufficiently under rule 25 of DCS have been disposed off well to look aft his personal and monetary by the worthy RCS on 16/08/2007 and none interests. His stands vindicated by non- found to be disqualified. As per record 31 action against the violators of the law ; cases out of 44 members were verified till the
6. information as regars to the relationship date of issuance of letter dated 11/05/2005 between C.M. Mathew and present and there after in addition 5 cases found incumbents of RCS officials starting from verified out of the remaining 13 members. At Joint Registrar, Deputy Registrar, Assistant present remaining 8 cases have been once registrar (SW) and their predecessors. again reminded vide this office letter no.2663, Reasons for treating C.M. Mathew as "Super 2664, & 2665 dated 07/01/2008 hence the Registrar" by the RCS officials and treating action is still continued to be verified. C.M.Mathew the Government of NCT of 4. As per provisions u/r 24 it is provided that terms Delhi. and conditions of 3 years residence in Delhi is effective with effect from 22/04/97 and names of members also appear to be prior to the date of amendment and need no action accordingly.
5. The factual position is already given in column
(a) and no action is liable to be taken at the level of this office.
6. The allegations made by the appellant against the officials of RCS are not justified, as the provisions u/s 134 of DCS Act provide that no suit, prosecution or other legal proceedings shall be against the Registrar or any person subordinate to him or acting on his authority in respect of anything in good faith or purporting to have been done, like in the case of Sh. H.D.Goyal ceasing his membership.
B. Criminal conspiracy by the officials of the RCS 1. There are only 8 cases of members of the office and C.M. Mathew of Rajnigandha CGHS society for which information is being Ltd. sought from the concerned Assessors and
1. Please supply the information as regard the Collectors of MCD. status of ownership of property of 17 2. The verification of 36 members has been remainder members for which information completed out of 44 members. The was sought from the concerned Assessors verification in r/o the remaining 8 cases is and collectors of the MCD. still pending due to want of information
2. Action taken against the allottees of DDA from the concerned Assessors and flats in Vasant Kunj and other colonies in Collectors. Delhi included in the list of 44 and later on 3. The PIO had given information to the 54 members who filed wrong / false appellant of said point no. 3. affidavits.
3. Please supply me Point wise & Para and Sub-Para wise information along with noting on the file under RTI Act, 2005 as well as copies of all the correspondence made with the DDA, MCD and C.M. Mathew in this connection.
The First Appellate Authority ordered: -
"I find that SPIO has already given a reply to the appellant vide letter dated 15/02/2008. I also find that in Para's 1, 2, 3, & 4 of the appeal the appellant has leveled general allegations about the illegalities committed by the society as well as office of Registrar Co-operative Societies. The above 4 Para's don't merit consideration. The orders in respect of Para's 5 are as follows:-
(A). No report has been received from DDA as informed by the SPIO. (B). SPIO is directed to supply the copies of replies received from Property Tax Department, MCD with in 7 days from issue of this order. (C). it is not clear from the Para (C) of the appeal that who are the members, who were not residents of Delhi and inquiry is required to be undertaken. (D). The SPIO has informed that complainant has not clarified which of the two members who were Canadian citizens at the time of enrolling as member. The appellant may furnish the same, if he so wishes. (E). As already stated in (B) above. The SPIO is directed to furnished the details of information received from the Property Tax Department of MCD along with action taken in respect of this report.
The SPIO is therefore directed to send the above information within 7 days from the issue of this report."
Relevant Facts emerging during Hearing:
The following were present Appellant: Dr. Hari Dev Goyal Respondent: Mr. R.K. Saxena, PIO The appellant seeks to know what action has been taken against the 36 persons against whom MCD Property tax department had sent a report. The respondent states that this information is covered by the note sheets he has supplied to the appellant. The appellant wants to know if any action has been taken against them after 19/6/2008 when the note sheets were given to him. The respondent states that no further action has been taken. The appellant wants this information in writing.
Decision:
The Appeal is allowed.
The PIO will give the information that no action has been taken against the 36 persons after 19/6/2008. He will give this information to the appellant before 25 February 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner February 12, 2009.
(In any correspondence on this decision, mentioned the complete decision number.)