PIO must ensure proactive information disclosure under RTI Act, not act as post office; penalty imposed for repeated non-compliance.

Information sought:

I. The Appellant filed an RTI application dated 20.03.2023 seeking the following information:

“1. Copies of Audit Report, Balance Sheet, Profit & Loss Account, Receipt/Payment, Income/ Expenditure Accounts for the 2001-02, 2002-03, 2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, F.Y. 2010-11, 2011-12, 2012-13,2013-14, 2014-15,2015-16,2016-17, 2017-18,2018-19, 2019-20, FY. 2020-21, 2021-22, along with notes of account.

2. Details of membership transferred from 09-09-2000 to till date along with details of member's numbers.

3. Details of AGM are held in the Society since 09.09.2000 to till date along with date of AGM and List of members who attended the AGM's along with the signatures and minutes of the AGM.”

II. The PIO furnished a reply to the Appellant on 15.05.2023 stating as under:

“1. The audit report for the F.Y. 2012-13, 2013-14, 2014-15 in scan data and 2019-20 to 2021-22 is available in audit branch and other records are not available. Further the applicant has not mentioned his membership number and documentary proof; to get the audit report the documentary proof is needed. The applicant can seek information directly from society under section 139 of the DCS Act 2003, if he is a member or creditor of the society.

2. The sought information pertains to Housing Section-III. Therefore the RTI application transferred u/s6 (3)/2 RTI Act 2005.

3. The sought information pertains to Housing Section-III. Therefore the RTI application transferred u/s6 (3)/2 RTI Act 2005.”

III. Being dissatisfied, the Appellant filed a First Appeal dated 26.04.2023. The FAA vide its order dated 08.05.2023, held as under.

“The PIO/AR (Sec-3) is directed to provide requisite information in terms of provisions of RTI Act, 2005 to the appellant within 07 days of receipt of this order. Also, if the applicant desires, he may be allowed to visit the office of the PIO to inspect the available records relating to his application to get the copies of required information as per provisions of RTI Act, 2005.”

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

V. The Commission disposed of the Second Appeal on 19.10.2023 and passed the following observations and directions:

“The Commission after adverting to the facts and circumstances of the case, submission made by both the parties and perusal of records, observes that the PIO has neither provided any reply/information nor complied with the First Appellate Authority order till date thus violating the provisions of the RTI Act. It also raises a reasonable doubt that the denial of information is with mala fide intent. Therefore, the Commission hereby seeks an explanation from the CPIO regarding why punitive measures amounting to Rs. 25,000/- (Twenty-Five Thousand Rupees) under Section 20(1) and disciplinary proceedings under Section 20(2) of the RTI Act, 2005 should not be initiated against him for neither provided any reply/information nor complied with the First Appellate Authority order till date. The PIO is required to submit his written statements both through post and via uploading on http://dsscic.nic.in/online-link-paper-compliance/add within a 21-day period from the date of receiving this order, with an intimation sent to the Commission. The Commission will make a determination regarding the recommendation of penal action after reviewing the written submission provided by the CPIO.

Be that as it may, the Commission deems it fit to direct Mr. Satish Kumar Gupta, PIO, to facilitate inspection of the Records/Documents to the Appellant, at the site where the records are kept, at a mutually convenient date and time within 30 days from the date of receipt of this order. The Commission also directs the PIO to depute a responsible officer to assist the Appellant during the inspection of the records and provide to him copies of selected documents to the Appellant as per the Rule 4 of the RTI Rules, 2012 strictly in accordance with t