Need Help: Second appeal

[mnss123]

Hello Team,

I had filed a second appeal to the State Chief Information Commissioner Mumbai on 28/08/09 for the copies to be obtained for the Society matters. The information asked was copies of the Society’s G.B.M, Special G.B.M, Committee meeting and resolution copies etc.

I have till date not received any information against the same from the said department, but received the copy of the PIO dated 21/08/09 instructing the Society Secretary/Chairman to provide me with the required details.

I have not received any reverts from the society against the said order till date. Please advice me on the further course of action that can be initiated by me.

Regards,

Mani

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[jayeshbheda]

Sponsorer

There seems mistake in dates. You sent second appeal to SIC on 28-08-2009, but you received letter of PIO dt. 21-08-2009 (?).

First thing you should write reminder letter to the SIC about your appeal. However, SIC would and could not pass any order without hearing you first. Yet, the SIC seems to have been directed the PIO to collect information from the society.

Further, it would be the PIO who needs to collect the information from the society and send it to you. Therefore, you should write a letter to the PIO also to provide the information. Send CC of the letter to PIO to SIC also.

Eventually if the society does not provide the information, the PIO, who would be the registrar of the society (I presume, kindly fill the details) should take action against the society and office bearers as per the provisions of society act.

In the matter of Anil Sood vs Registrar Co-operative Society held the PIO liable for delays as he did not provide the information within time and further observed..

Under Section 2 (f) information relating to any private body accessible under the Delhi Cooperative Societies Act by the Registrar, (Coop.) will indeed be provided to an applicant but this information must at the same time be held by or under the control of the Public Authority. If the Society has been in default in providing the information sought under the DCS Act by the Registrar, Cooperative Societies the remedial action lies in that law and not in the RTI Act against the concerned Cooperative Society, which is a private agency.