Respondent: statutory records not maintained by co-operative society due to lack of necessary infrastructure; compilation of information would involve diversion of resources - CIC: maintain the records in a proper format & disclose voluntarily u/s 4(1)(b)
1 Apr, 2014Respondent: there is a statutory requirement to maintain such records but due to lack of necessary infrastructure they could not do it; compilation of information would involve huge exercise, large manpower and diversion of resources - CIC: Public Authority directed to maintain the records sought by the Appellant in a proper format and voluntarily disclose it as per section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; of RTI Act; show cause notice to PIO why penalty cannot be imposed for denial and noncompliance of orders by Appellate Authority
FACTS
The above cited three appeals have been filed by the same appellant on similar issues against the same Respondent. It has been decided to dispose them of through a common order that follows:
2. Heard today dated 16.1.14. Appellant not present. Public Authority is represented by Shri G.S.Aggarwal, PIO and Shri R.S.Krishnan, Assistant Registrar.
3. The Appellant filed an RTI application dated 12.7.12 with the PIO, RCS seeking the following information in the context of Sec.60, 61, 62, 63 and 67 of the Delhi Cooperative Societies Act, 2003:
Details of societies in which defects were noticed in audit/inspection/inquiry during the last ten years and details of societies in which order were made by Registrar directing the cooperative society or its officers to take such action to remedy the defects during the last ten years.
Point wise information was provided by different Assistant Registrars on different dates. Not satisfied with the reply, the Appellant filed an appealdt.17.8.12 with the Appellate Authority reiterating his request for information. The Appellate Authority disposed of the appeal vide his order dated 18.9.12 with the following observation: The information provided by the above said APIOs/ARs as per record available with them. Further, in future, APIOs/Asst. Registrars are hereby directed to maintain such records in a proper manner and update the Dept. website so that the requisite information may be provided properly to the appellant Vide another order dt.27.9.12, the Appellate Authority advised the Appellant to inspect the files concerned after fixing the date and time with APIO/AR within a period of 15 days. Being aggrieved with the reply, the Appellant filed a second appealdt.4.10.12 before CIC.
4. The Appellant filed an RTI application dated 12.7.12 with the PIO, RCS seeking the following information in the context of Sec.60(6) of the Delhi Cooperative Societies Act, 2003:
i) Details of Group Housing Societies which defaulted the above statutory provisions from registration number 1430 to 2200
ii) Details of societies out of (i) above, in which Registrar, Cooperative Societies appointed Administrator in compliance of above stated statutory provisions
iii) Details of Administrators appointed w.r.t (ii) above
iv) Copy of the panel of Administrators.
Point wise information was provided by different Assistant Registrars on different dates. Not satisfied with the reply, the Appellant filed an appealdt.18.8.12 with the Appellate Authority reiterating his request for information. The Appellate Authority disposed of the appeal vide his order dated 18.9.12 with the following observation:
The information provided by the above said APIOs/ ARs as per record available with them. Further, in future, APIOs/Asst. Registrars are hereby directed to maintain such records in a proper manner and update the Dept. website so that the requisite information may be provided properly to the appellant
Vide another order dt.27.9.12, the Appellate Authority advised the Appellant to inspect the files concerned after fixing the date and time with APIO/AR within a period of 15 days. Being aggrieved with the reply, the Appellant filed a second appealdt.4.10.12 before CIC.
5. The Appellant filed an RTI application dated 14.6 2012 with the PIO, O/o Chief secretary, GNCTD seeking the copy of panel prepared for appointment of Returning Officer / Liquidator / Administrator in cooperative societies for conducting elections / liquidation / administration in given format. Point wise information was provided by different Assistant Registrars of RCS on different dates. Not satisfied with the reply, the Appellant filed an appealdt.28.7.12 with the Appellate Authority commenting on the information supplied. The Appellate Authority disposed of the appeal vide his order dated 28.8.12 with the following observations: The information provided by the above said APIOs/ARs as per record available with him. Hence, no further action is required under RTI Act. Vide another order dt.7.9.12, the Appellate Authority gave following directions:
i) The list of Administrators and Liquidators already displayed on the website be updated. All the ARs shall submit the requisite data to the Computer Branch which shall do the needful within fifteen days.
ii) The details of Returning Officers appointed by Chief Secretary or Registrar, Cooperative Societies in various societies be also displayed on the website. Towards this end, all the ARs shall submit the requisite data to the computer branch which shall upload the same within fifteen days Being aggrieved with the reply, the Appellant filed a second appealdt.4.10.12 before CIC.
6. During the hearing, the Respondent submitted that information sought was not maintained in the classified form and compilation of information would involve huge exercise, large manpower and diversion of resources. However, the Respondent officer agreed that there is a statutory requirement to maintain such records but due to lack of necessary infrastructure they could not do it. The Commission noticed that there is a delay even in supplying the information and the Appellant has to go all the way to the first appeal to secure an order to inspect the concerned files which was also not provided. This amounts to noncompliance of order given by Appellate Authority. The Commission hereby directs the Respondent Public Authority to maintain the records sought by the Appellant in a proper format and voluntarily disclose it as per section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; of RTI Act and CPIO is directed to explain why penalty cannot be imposed for this kind of absolute denial and noncompliance of orders by Appellate Authority by 7th February, 2014.The Respondent Public Authority is also recommended to initiate disciplinary action against concerned CPIO based on the above referred facts. The Respondent stated that they do not have copy of the Appellate Authority’s order which was supplied to them in the presence of the undersigned. The Respondent officer says that they are functioning with 35% of the sanctioned strength and they are finding it very difficult to answer such huge questions. The Commission reiterates the directions of Appellate Authority to allow the Appellant to have inspection of concerned records and submit a compliance report to the Commission.
7. Appeal closed. Complaint to continue
(M. Sridhar Acharyulu)
Information Commissioner
Citation: Shri Vinod Kumar v. Registrar of Cooperative Societies in File No.CIC/AD/A/2012/003387SA File No.CIC/AD/A/2012/003388SA, File No.CIC/AD/A/2012/003389SA