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Central Information Commission

Mr.Inder Mohan Singh vs Government Of Nct Of Delhi on 7 April, 2011

                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796

                                                         Decision No. CIC/SG/A/2011/000065/11907
                                                                 Appeal No. CIC/SG/A/2011/000065

Relevant Facts emerging from the Appeal

Appellant                             :      Mr. Inder Mohan Singh
                                             General Secretary
                                             Dasmesh Sewa Society, K-92A
                                             Krishna Park Extn., New Delhi-110018

Respondent                            :      Mr. H. B. Singh,

Public Information Officer, Delhi Sikh Gurdwara Management Committee, Guru Gobind Singh Bhavan, Gurdwara Rakab Ganj Sahib, New Delhi-110001 RTI application filed on : 25/11/2010 PIO replied : 30/11/2010 First appeal filed on : 03/12/2010 First Appellate Authority order : Not Ordered Second Appeal received on : 05/01/2011 S.No Information sought by the appellant Reply of the PIO

1. Specify the list of the members of the present sub- L.P.A is pending before the Honorable High committees of the Delhi Sikh Gurudwara Management Court of Delhi with regard to Delhi Sikh Committee provided Gurudwara Management Committee being a Public Authority.

2. Specify the list of the members of the present governing Same as above.

bodies of all Guru Harkrishan Public Schools, Institutions, Polytechnics, Engg. Colleges, Hospitals and other institutions being run under the management of the Delhi Sikh Gurudwara Management Committee First Appeal:

The ground for refusal of information is not correct.

Order of the FAA:

Not Ordered Ground of the Second Appeal:

No information received. Ground for refusal is not correct.

Relevant Facts emerging during Hearing held on March 15, 2011: The following were present:

Appellant: Mr. Inder Mohan Singh;

Respondent: Mr. H. B. Singh, Public Information Officer;

The Respondent produced a letter before the Commission wherein it was stated that the Commission's order determining that Delhi Sikh Gurudwara Management Committee ("DSGMC") was a public authority had been stayed in the following matters:

The Appellant stated that the statement made by the Respondent was false inasmuch as only in LPA 606 and 607, stay on the imposition of penalty has been obtained. The Appellant further stated that the High Court of Delhi (the "Delhi HC") had not stayed any order of the Commission on the issue whether DSGMC was a public authority.

The Commission reserved the order during the hearing held on March 15, 2011.

Decision announced on April 7, 2011:

It is pertinent to note that the Commission in inter alia Appeal Nos. CIC/SG/A/2009/000619, CIC/SG/A/2009/000622 and CIC/SG/A/2009/000768 vide order(s) dated 22/07/2009 held that DSGMC was a 'public authority' as per Section 2(h) of the RTI Act and that information sought was required to be provided under the RTI Act.

Subsequently, it was brought to the Commission's notice on 13/02/2010 that the order of the Commission dated 22/07/2009 declaring DSGMC a public authority had been stayed in Writ Petition (C) No. 720/2010 and 721/2010. Thereafter, Muralidhar J., of the Delhi HC, by order dated 22/07/2010, concurred with the view of the Commission and held that DSGMC was a public authority under Section 2(h) of the RTI Act.

The Commission observed that in the aforementioned matters i.e. Appeal Nos. CIC/SG/A/2009/000619, CIC/SG/A/2009/000622 and CIC/SG/A/2009/000768, the information sought has not been provided till date despite the Commission's order dated 22/07/2009, which was subsequently upheld by the Delhi HC on 22/07/2010. The PIO, DSGMC has appeared before the Commission in the above mentioned matters and claimed that the order of the Single Bench of the Delhi HC dated 22/07/2010 has been stayed by the Division Bench of the Delhi HC and therefore, DSGMC is not a public authority under the RTI Act and is consequently, not bound to furnish the requisite information.

It must be noted that till date the PIO, DSGMC has not produced before the Commission, copy of any order by the Division Bench of the Delhi HC by which the order of the Single Bench of the Delhi HC dated 22/07/2010 has been stayed.

Furthermore, at the hearing held in Appeal No. CIC/SG/A/2010/003231 (another matter wherein DSGMC is a party) on 07/02/2011, the PIO furnished a copy of the order of the Division Bench of the Delhi HC in LPA 607/ 2010 dated 04/02/2011 contending that the order of the Commission in the instant matter dated 25/01/2010 wherein penalty had been imposed on the PIO was stayed. On perusal of this order of the Delhi HC, the Commission noted that the Delhi HC directed that there shall be no realization of fine till 03/03/2011. The direction of the Delhi HC could not, in any manner, be construed to mean that the order of the Commission dated 25/01/2011 had been stayed entirely. The Delhi HC did not appear to have granted stay on the directions issued by the Commission regarding furnishing of information. Moreover, no stay order appears to have been obtained either on the Commission's order dated 22/07/2009 adjudicating that DSGMC is a public authority or the order of the Delhi HC dated 22/07/2010.

It appears that the Respondent is blatantly flouting the orders of a statutory authority without any grounds. The requisite information has not been provided till date despite the Commission ruling that DSGMC is a public authority, which has also been subsequently upheld by the Delhi HC in its order dated 22/07/2010. Till date, no stay order has been produced before the Commission. Such blatant non- compliance of the Commission's directions as well as the order of the Single Bench of the Delhi HC amounts to denying the Appellant's fundamental right to information. At the hearing held in the instant matter on 15/03/2011, the main contention of the PIO was that the order(s) of the Commission by which DSGMC was declared a 'public authority' has been stayed by the Delhi HC and therefore, DSGMC was not required to furnish the information sought under the RTI Act. The PIO merely quoted certain matter numbers before the Commission arguing that in the said matters, the Delhi HC had stayed the order(s) of the Commission declaring DSGMC a public authority. However, the Respondent did not produce copies of any stay order(s) before the Commission on 15/03/2011 in support of his contention.

In light of the foregoing, the PIO, DSGMC is therefore summoned to appear in an inquiry before the Commission to be held to consider the issues arising in the instant matter at the above address on May 5, 2011 at 4:00 pm. The PIO may make oral or written submissions to the Commission on that date. The PIO is directed to bring to the Commission on the date a copy of that stay order of the Division Bench of the Delhi HC which was claimed by him to have stayed the decision of the Single Bench of the Delhi HC dated 22/07/2010.

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 April 7, 2011 (In any correspondence on this decision, mention the complete decision number.) (AP)