Moneylife: Pune: Wednesday,
March 27, 2013.
If a public
authority does not obtain the information which the law expects it to have
routinely, the reason for its existence becomes suspect, said the CIC. This is
the 64th in a series of important judgements given by former Central
Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI
application
The Central
Information Commission (CIC), while allowing an appeal, directed the Public
Information Officer (PIO) of the Registrar Cooperative Societies (RCS) at the
Government of National Capital Territory of Delhi (GNCTD) to provide
information regarding functioning of Neeraj Cooperative Group Housing Society
to the applicant.
While giving
this important judgement on 10 May 2010, Shailesh Gandhi, the then Central
Information Commissioner said, “...information, which can be accessed by the
public authority under any other law for the time being in-force, has to be
supplied to an RTI applicant.”
Delhi
resident Raaj Mangal Prasad, on 23 October 2009, sought information about
functioning of Neeraj Cooperative Group Housing Society located at B-1,
Vasundhara Enclave, Delhi from the Registrar Cooperative Societies (RCS),
GNCTD. Here is the information he sought...
1.
Whether
annual audit of the accounts of the society has been done during the last three
financial years? If yes, provide photocopies of audit accounts—income
expenditure, receipts and payments, balance sheet, etc. if not, give reasons
and name of office bearers responsible for getting the audit done.
2.
Minutes
of the last three General Body Meetings and Management Committee Meetings duly
signed and attested by the competent signatory.
3.
Names,
addresses and contact details of office bearers/management committee members
who are withdrawing money from the accounts of the society and are responsible
for income-expenditure during last two years.
4.
Names,
addresses and contact details of office bearers and management committee
members running the affairs of the society presently.
5.
Total
income received and expenditure incurred under various heads since April 2009.
The PIO, in
his reply said, “That desired information mentioned at Sr. No2 to 5 pertains to
society and RTI application cannot be sent to society, it not being a public
authority. As per records of the society information is not available in this
Zone. The appellant may obtain the information directly from the society...”
Prasad then
filed his first appeal stating that the application was not forwarded to audit
branch in time. The First Appellate Authority (FAA), in his order stated that
“As regards Point no 2, 3 and 5, FAA tends to agree with contention of the
SPIO/ AR(E) that the desired information pertains to the society and is not
available with the public authority nor is it required to be maintained under
any Act or law for the time being in force.”
Not satisfied
with the reply, Prasad, then approached the CIC with his second appeal. In the
appeal he requested the information to be collected from the society and
provided to him.
During the
hearing, Mr Gandhi, the then CIC, observed that the PIO had not provided
information on query no. 2, 3 and 4 and there appeared to be no reason why it
could not have been provided. No exemption has been claimed by the PIO and this
is certainly information, which RCS must have as per the law, the Commission
noted.
The PIO
stated that information relating to query nos2, 3 and 4 is not available on
their records since the society has not submitted this.
Section
2(f) of the RTI Act clearly states…
‘information’
means any material in any form, including records, documents, memos, e-mails,
opinions, advices, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in any electronic form and
information relating to any private body which can be accessed by a public
authority under any other law for the time being in force;
Mr Gandhi
said, information, which can be accessed by the public authority under any
other law for the time being in-force has to be supplied to a RTI applicant.
In the
instant case, details sought at query no 2, 3 and 4 must be with the RCS.
"”f the RCS does not obtain the information, which the law expects it to
have routinely, the reason for the existence of the RCS itself becomes
suspect,” the CIC said.
“RCS and
other public authorities of this nature are expected to monitor and regulate
the working of those registered with them. If they do not perform this
function, they are only a drain on the public exchequer. Laws give them enough
powers to enforce their writ to obtain the information which the law expects
them to gather,” Mr Gandhi noted in his order.
While
allowing the appeal filed by Prasad, the CIC then directed the PIO to provide
the information before 15 June 2010.
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