Imposed penalty on PIO for RTI non-compliance despite directions; DCS Act provides parallel remedy but does not excuse RTI violations.

Information sought:

I. The Appellant filed an RTI application dated 14.02.2023 seeking the following information of Management Committee of Jyoti Co-operative Group Housing Society Ltd.:

“Audited balance sheet/P&C A/c/Income expenditure A/c along with notes to the account for the following years along with date of submission with RCS. Also provide the letter if these are submitted late with permission.

F.Y.2000-2001

F.Y.2001-2002

F.Y.2002-2003

F.Y.2003-2004

F.Y.2004-2005

F.Y.2005-2006

F.Y.2006-2007

F.Y.2007-2008

F.Y.2008-2009

F.Y.2009-2010

F.Y.2010-2011

F.Y.2011-2012

F.Y.2012-2013

F.Y.2013-2014

F.Y.2014-2015

F.Y.2015-2016

F.Y.2016-2017

F.Y.2017-2018

F.Y.2018-2019

F.Y.2019-2020

F.Y.2020-2021

F.Y. 2021-2022.”

II. The PIO furnished a reply to the Appellant on 27.03.2023 stating as under:

“The audit report for the F.Y. 2012-13, 2013-14, 2014-15 in scan data and 2020-21 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.”

III. Being dissatisfied, the appellant filed a First Appeal dated 15.03.2023. The FAA order is not on record.

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

V. The Commission disposed of the Second Appeal of the Appellant on 27.10.2023 with the following directions:

“The Commission after adverting to the facts and circumstances of the case, submission made by both the parties and perusal of records, deems it fit to direct Mr. Satish Kumar Gupta, PIO, to provide the relevant information as sought in the RTI Application to the Appellant, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 30 days from the date of receipt of this order under the intimation to the Commission.

The Appeal stands disposed accordingly.”

VI. The Appellant vide letter dated 13.12.2023 filed an application of non- compliance for the above order followed by multiple reminders vide letters dated 22.07.2024, 26.11.2024 and 16.06.2025 from the Appellant against the Respondent Department. He prayed the Commission to direct the Respondent to comply with the above order and to impose the penalty on PIO as per Section 20 (1) of the RTI Act. He further prayed to the Commission to award compensation of Rs. 25,000/- for undue harassment.

VII. The Registry of this Bench vide letter dated 10.04.2024 had sought comments from the CPIO on the non-compliance complaint filed by the Appellant.

VIII. In compliance of the Commission’s direction dated 27.10.2023, the Respondent wrote a letter to the Jyoti CGHS Ltd. vide letter dated 25.06.2024 which is taken on record. Contents of the same are reproduced herein below:

“To,

The President/Secretary,

Jyoti CGHS Ltd.,

Plot No. B-2, Sector-14 Extn.,

Rohini, New Delhi-11008.

Sub.:- Regarding compliance of CIC order dated 27.10.2003 in the Appeal No. CIC/RECOS/A/2023/120312-UM and RTI ID No. 103 dated 14.02.2023.

Please refer to this office letter dated 13.11.2023 and subsequent reminder dated 21.06.2003 vide which you were directed to provide the information to this office in compliance CIC order dated 27.10.2003. In response to this, you are submitted reply dated 21.06.2024 (received in the office on 24.06.2024) and on perusal of the same, it is observed that your reply is not specific as per the RTI application.

Therefore, you are once again directed to furnish specific point-wise reply on the aforesaid RTI No. 103 dated 14.02.2023 (Copy enclosed) to this office as well as appellant/applicant.”

IX. As per available records, the reply of Jyoti CGHS Ltd. in response to Respondent’s averred letter is not available on record.

X. The Appellant has filed a Writ Petition (C) No. 8047/2025 in the Hon’ble High Court of New Delhi for early di