के(cid:7008)(cid:7076)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:6981),मुिनरका

Baba Gangnath Marg, Munirka नई (cid:7408)द(cid:7016)ली, New Delhi – 110067 ि(cid:554)तीय अपील संূा / Second Appeal No. CIC/RECOS/A/2025/134701 Adarsh Kumar Dua … अपीलकता१/Appellant VERSUS बनाम CPIO Registrar of Co-Operative Societies, GNCTD …(cid:7079)ितवादीगण/Respondent Relevant dates emerging from the appeal:

RTI : 26.06.2025 FA : 21.07.2025 SA : 15.10.2025 CPIO : 16.07.2025 FAO : Not on record Hearing : 13.01.2026 Date of Decision: 27.01.2026 CORAM Chief Information Commissioner: RAJ KUMAR GOYAL O R D E R

1. The Appellant filed an RTI application dated 26.06.2025, before the CPIO, Registrar of Co-Operative Societies, GNCTD, seeking information regarding Bannu Biradari CGHS Ltd. Pitampura, as under:

“(a) Provide cash memo / vouchers / challans of expenditure incurred (Rs.50,000/-

) as payment to Sundry Creditors in the F.Y.2023-2024 (b) Copy of Agenda & minutes of monthly executive meeting in which proposal to engage sundry Creditors was passed, along with copy of MOU & Service level Agreement (SLA) entered with the contractor/supplier.

(c) Copy of the Parameters for monitoring performance of the said contractor/

supplier/Service provider.

(d) Penalty Leviable for non-observance of the terms of contract & Certified copy of the contract.

(e) Copy of entries of goods supplied in stock Register, detail of Area of service Received.”

2. The CPIO & Assistant Registrar GH/Sec-I, RCS, replied to the RTI Application vide letter dated 16.07.2025, as under:

“No such information is available in the file/kept in records of the Group Housing section-1 However, the applicant being a member or creditor of the society can seek the information from the PIO of the concerned Society U/s 139 of DCS Act, 2003.”

3. Dissatisfied with the reply received from the CPIO, the Appellant filed a First Appeal dated 21.07.2025. The FAA’s order, if any, is not available on record.

4. Aggrieved with the non-receipt of the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 15.10.2025.

Hearing Proceedings & Decision

5. The Appellant was present during the hearing in person. On behalf of the Respondent, a Senior Assistant sought to represent the case. The prayer of the said official was found to be in contravention of para 3(a) & (b) of the notice of hearing issued on 09.12.2025, therefore, the Bench took exception and denied him leave to plead/represent the CPIO.

6. The Appellant’s contentions were gathered from the grounds of the second appeal, primarily contending that RCS has the authority and wherewithal to access the records of the averred Society, and that the extant DCS Rules, 2007 stipulates the nature of records ought to be retained for definite periods of time by RCS.

7. The Commission took on record the written submissions dated 12.01.2026 filed by Satish Kumar, CPIO & Assistant Registrar, GH/SEC-1, RCS, GNCTD, as under:

“1. That the undersigned is in receipt of the notice dated 09.12.2025 whereby it has been directed to submit written submission in respect of RTI application dated 20.08.2024 which was filed by Sh. Adarsh Kumar Dua.

2. It is most respectfully submitted that this office has already been given reply to appellant within time period as per provision of RTI Act, 2005 on dated 25.09.2024(copy enclosed). The information sought by the applicant is part and parcel of the working/functioning of the Managing Committee of the society and the records related to the same are in the custody of the Managing Committee only.

3. However, notably, a CPIO is only obligated to provide information that is "held"

by the public authority. The minutes of the Managing Committee or that of AGM's and attendance registers related thereto are internal documents of the society and are not part of the routine filings submitted to the RCS office. The RCS cannot be turned into a "collection agency" for a member's private grievance.

4. Notably in this r