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CIC: The instant RTI Application had not been registered till date as the Appellant had filed RTI Application u/s 139 of DCS Act, which is another piece of legislation for disclosure of information; Second Appeal u/s 19 of RTI Act is not maintainable

14 Feb, 2025

Information sought:

The Appellant filed an RTI application dated 01.11.2022 (offline) seeking the following information:

“That as per the provision of DCS Act & Rules as mentioned hereinabove I Require the information as under:-

1. Kindly provide the numbers of gifts purchase for distribution on Diwali festival 2022.

2. Kindly provide the number of goods distributed among the members on Diwali 2022.

3. Kindly provide the price of each gift purchase for Diwali gift distribution.

4. Kindly provide the total amount paid for gifts.

5. Kindly provide the mode of payment for purchase of goods on Diwali 2022.

6. Kindly provide the expenditure incurred for the distribution of gifts on the occasion of Diwali 2022.

7. Kindly provide the other expenditure done towards executive member of society on Diwali 2022.

8. Kindly provide the list members who attend annual general meeting (AGM).

9. Kindly provide the seating capacity of Kamani Auditorium.

10. Kindly provide the numbers of Sweets packets purchased from Nathu Sweets.

11.Kindly provide the cost of each packet distributed among the members.

12.Kindly provide the copies of Bills of Nathu Sweets.

13.Kindly provide the copy of attendance register with preceding of Annual General Meeting(AGM).”

The CPIO furnished a reply to the Appellant on 30.11.2022 stating as under:

“This is in reference to your RTI Application, Wherein you have sought some information from the Society. After perusal of your application, it revealed that the application is not in consonance with the Delhi Cooperative Societies Rules, 2007, and as per the law laid down by the Hon'ble Supreme Court of India as well as by the Hon'ble High Courts, the act has to be followed in the same manner in which it is prescribed, as your application is not as per the Delhi Cooperative Societies Rule, 2007 hence same cannot be entertained presently. The postal of Rs. 10/-in original is send back to you.”

Being dissatisfied, the appellant filed a First Appeal dated 13.01.2023. The FAA vide its order dated 15.03.2023, held as under:

“Whereas the application dated 01/11/2022 under section 139. of DCS Act 2003 was filed by Sh. Bhagwan Dass r/o S-7,Type-II, NDMC Flat. Golf Link Sadan, Golf Link, New Delhi-110003 to the PIO/Secretary of society. Accordingly, notice dated 27/02/2023, issued to the appellant and PIO of the Society to appear for hearing in the matter on 15/03/2023. During the hearing on 15/03/2023, present Sh. Bhagwan Dass, applicant and appellant in the matter and Sh. Rani Kishan, employee of the society and Sh. Sandeep Kumar, Advocate on behalf of respondent society.

The appeal dated 13/01/2023 is disposed of as under :-

Case discussed. Sh. Ram Kishan, employee of the society stated that information has not been provided to applicant. Sh. Sandeep Kumar, Advocate appeared before the court has agreed to provide the information in terms of provisions of DCS Act, 2003. The applicant stated inadvertently he file appeal u/s 19 of RTI Act, 2005 instead of u/s 139 of DCS Act, 2003. Society is directed to provide the information in terms of provision of DCS Act 2003 against the application dated 01/11/2022 of the applicant. Further applicant will file fresh appeal u/s 139 of DCS Act, 2003, after necessary connection immediately.”

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Absent.

Respondent: Absent.

Both the parties remained absent in the hearing.

Decision:

Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that as per the reply provided by the CPIO vide letter dated 30.11.2022, the instant RTI Application had not been registered till date as the Appellant had filed RTI Application under Section 139 of DCS Act, which is another piece of legislation for disclosure of information. Hence, Second Appeal under Section 19 of RTI Act is not maintainable before the Commission.

The case stands dismissed accordingly.

Vinod Kumar Tiwari

Information Commissioner

Citation: Bhagwan Dass v. NDMC Employees Cooperative Thrift & Credit Society Ltd., New Delhi, CIC/REGCS/A/2023/141709; Date of Decision : 17.01.2025

CIC: The instant RTI Application had not been registered till date as the Appellant had filed RTI Application u/s 139 of DCS Act, which is another piece of legislation for disclosure of information; Second Appeal u/s 19 of RTI Act is not maintainable

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