New Delhi: The Central Information
Commission has initiated an inquiry against Delhi Sikh
Gurdwara Management Committee (DSGMC) for not providing
information to an RTI applicant despite the panel`s orders
bringing the body under the ambit of transparency law.
"The PIO, DSGMC is therefore summoned to appear in an
inquiry before the Commission to be held to consider the
issues arising in the instant matter," Information
Commissioner Shailesh Gandhi has directed.
The case relates to an RTI application seeking list of
members of a sub-committee of the DSGMC which was denied. The
DSGMC while refusing to provide the information said an appeal
is pending before the Delhi High Court with regard to it being
a public authority covered under the RTI Act.
The Commission in July, 2009 had declared the Gurdwara
Management Committee as a public authority bringing it under
the ambit of Right to Information Act. Justice Muralidhar of
the Delhi High Court has also concurred with the decision of
the Commission and said that body was covered under the RTI
Not getting the information, applicant Inder Mohan Singh
moved the Central Information Commission seeking direction to
DSGMC for providing information. The DSGMC said the decisions
of CIC and single bench of Delhi High Court had been stayed by
the division bench of the HC which was contradicted by Singh.
The DSGMC officials also failed to produce any order of
Delhi High Court staying the directives passed by its single
bench or the CIC in the matter.
However, the officials produced an order in another
matter which, according to the CIC, was stay on realisation of
penalty and not on the provision of information.
Gandhi while summoning the officials said it must be
noted that till date the PIO, DSGMC has not produced before
the Commission, copy of any order by the Division Bench of the
Delhi HC by which the order of the Single Bench of the Delhi
HC dated July 22, 2010 has been stayed.
"It appears that the Respondent (DSGMC) is blatantly
flouting the orders of a statutory authority without any
grounds. The requisite information has not been provided till
date despite the Commission ruling that DSGMC is a public
authority, which has also been subsequently upheld by the
Delhi HC in its order," Gandhi said.
He said such blatant non-compliance of the Commission`s
directions as well as the order of the Single Bench of the
Delhi HC amounts to denying the appellant`s fundamental right