DPS CGHS Managing Committee Members Violate RTI Act
By Rakesh Raman
While the corruption has reached an alarming level at DPS CGHS, Sector 4, Dwarka, New Delhi, the managing committee (MC) members did not provide information that I had asked in my RTI application. The information that I had tried to get through RTI relates to extreme corruption and irregular activities at DPS CGHS.
Now, I have informed about the violation of RTI Act by the DPS CGHS MC members to the Registrar Cooperative Societies (RCS). My representation is given below.
- Dr. Jayadev Sarangi, IAS
- Mr. Virendra Kumar , IAS
Office of the Registrar Cooperative Societies (RCS)
Govt of NCT of Delhi
Old Court Building, Parliament Street
New Delhi 110 001
November 19, 2018
Subject: RTI Application in the Corruption Case of DPS CGHS, Sector 4, Dwarka, New Delhi 110 078
I am a member of DPS CGHS, Sector 4, Dwarka, New Delhi. This is about the corruption case of DPS CGHS. The RCS office had ordered the inquiry on January 25, 2018 under Section 61 of the DCS Act, 2003 to investigate the extent of “financial and other irregularities” in the case of DPS CGHS. The RCS office had also appointed an inspection officer in this case. However, the inquiry has not yet started although almost 10 months have elapsed. This delay in inquiry has given an opportunity to DPS CGHS managing committee (MC) members to commit more crimes and corruption.
The RCS official Kulvendra Yadav (Assistant Registrar, Section-II/GH) is repeatedly sending me redundant letters saying that the Society had filed an appeal on 28.02.2018 under Section 115(1) of DCS Act, 2003 against the RCS order.
But the RCS office is not supposed to stop or delay its inquiry simply because the Society has filed an appeal. An appeal cannot be a judgment to close a case. As this is a case of extreme corruption, fraud, cheating, and lawlessness at DPS CGHS, the RCS office must not delay or stop the investigation under the garb of some trivial excuses because it is the responsibility of the RCS office to stop corruption and catch the culprits immediately. I am more concerned in this case because my own money as a member of DPS CGHS has been swindled.
Therefore, the RCS office must reopen this case, dismiss the present managing committee (MC) of DPS CGHS, appoint an administrator, and start the inquiry to know the extent of financial and other irregularities in the Society so that the culprits could be caught and punished as per the law.
In this case, please refer to my RTI application dated October 15, 2018 (annexed below for your ready reference) that I had sent by Speed Post to the President / Secretary of DPS CGHS as well as to the RCS office.
But the President / Secretary of DPS CGHS have failed to give me any information in response to the queries that I had raised in my RTI application. Rather, they have sent me a letter dated 21.10.2018 in which they have shown their inability to provide me the information, which is a gross violation of the RTI Act.
I have to say the following in response to the said letter dated 21.10.2018 signed by DPS CGHS Vice President, R. Balasubramanian.
DPS CGHS Letter: “The information is available on the DPS CGHS website.”
My Response: The DPS CGHS website is a sketchy piece of work which hardly caries any relevant information. DPS CGHS MC has not created this website as it is mandatory to ensure transparency in the Society’s operations. Rather, the DPS CGHS MC is using this website as a propaganda tool to deceive the members as well as the government authorities. Many members also have complained about the non-functionality of the website. So, the information that I have asked in my RTI application cannot be taken from the DPS CGHS website.
Moreover, the DPS CGHS MC cannot refuse to give me RTI information because it is available on website.
According to RTI Law: The RTI application cannot be rejected only because alternative procedure is available under another statute. Such application shall be dealt with under the provisions of the RTI Act.
Read Punjab & Haryana High Court judgment: The Court held that in case of an application preferred under the Right to Information Act where alternative procedure and conditions are prescribed under any other statute/law, the said application cannot be rejected and/or information denied on this ground.
Therefore, the DPS CGHS MC should send me the information in the form of certified / signed copies of printed / photocopy papers for which I have already paid money to DPS CGHS.
I also urge the RCS office to check the DPS CGHS website and you will know that the information that I have asked in my RTI application is not available on DPS CGHS website.
DPS CGHS Letter: “The information that I have sought in my RTI application is humongous.”
My Response: The DPS CGHS MC cannot refuse to give me information simply because it is humongous – which is in fact a subjective assessment. As per RTI Law, I have given 30 days to the DPS CGHS MC to collect and send me the information for which I also have paid money. But the MC has defied the RTI Act / Law and did not give me the information.
DPS CGHS Letter: “Disclose the purpose of seeking information” in my RTI application.
My Response: The DPS CGHS MC cannot make it conditional that it would give me the RTI information only when I disclose the purpose of collecting this information.
According to the Government:
“The basic object of the Right to Information Act is to empower the citizens, promote transparency, and accountability, contain corruption, and make our democracy work for the people in real sense.”
This is the purpose of my RTI application, as I want to know the extent of corruption in DPS CGHS and take steps to stop corruption. So, DPS CGHS MC should have given me the information without any obstruction. But DPS CGHS MC has ignored the RTI Act / Law and did not give me the information.
DPS CGHS Letter: “Once clarify the purpose for seeking information and fix a convenient time to inspect the records of the society, the society will consider your request…”
My Response: This is an absurd condition specified by the DPS CGHS MC to deprive me of my fundamental right to information. This seems to be a ploy of the DPS CGHS MC to call me to the Society office and implicate me, as the MC has been doing for the past over 2 years.
While I have been raising my voice against the crimes and corruption of DPS CGHS MCs, the MC members have sent me repeated threats in order to suppress my voice. These threats include false police complaints against me, threats of physical harm to me, expulsion notices, legal notices, and slanderous attacks on my social as well as professional status. Last year, the MC also tried to get me expelled from the Society by giving false information to RCS office, but it did not succeed.
As the MC members are leaving no stone unturned to harm me (see my RTI application given below), I cannot go to the Society office because I feel threatened and scared. Keeping in view the criminal nature of DPS CGHS MC members, I am apprehensive that they can attack me physically and even make an attempt to eliminate me.
Therefore, the DPS CGHS MC should send information and certified copies* of the documents that I have asked in my RTI application to me through registered / speed post at my address given below. The RCS office must use its authority to order the DPS CGHS MC to send me the information as I have demanded in my RTI application.
I will go through the certified copies* of the documents that MC will send to me through speed post and if there is still some information that I need to collect from the Society office, I can go there if I am provided adequate security and police protection from the DPS CGHS MC members.
Also, at that time, the RCS office must depute a senior, responsible officer to help me collect the remaining information from the Society office under his / her supervision at a mutually convenient time.
Note: While the DPS CGHS MC has failed to give me the information that I had demanded under the Right to Information (RTI) Act, this is another indication that corruption worth crores of rupees has happened in DPS CGHS and corruption is still continuing in the Society.
You are, therefore, requested to immediately dismiss the DPS CGHS MC, appoint an administrator, and hold a thorough investigation into the financial and other irregularities at DPS CGHS so that the culprits could be caught and punished as per the law.
DPS CGHS Membership No.: 133
463, DPS Apts., Plot No. 16, Sector 4, Dwarka, Phase I, New Delhi 110 078
My RTI application dated October 15, 2018 is reproduced below for your ready reference.
THROUGH REGISTERED / SPEED POST
President: Neeraj Kumar Vaish
Secretary: M.N. Sampathkumar
Managing Committee (MC) Members
DPS Cooperative Group Housing Society (DPS CGHS)
Plot No. 16, Sector 4, Dwarka, New Delhi 110 078
October 15, 2018
Subject: Information required u/s 139 of Delhi Cooperative Societies Act / Rules (RTI Information)
I am a member of DPS CGHS. As specifically allowed and mandated per Section 139 of Delhi Cooperative Societies Act 2003 and Right to Information (RTI) Act 2005, whereby a society member can seek any information and documents pertaining to the society functioning, affairs and management, I hereby seek the following set of information and certified copies* of the documents to be provided to me through registered / speed post at my address given below. According to the Act, the pointwise information with the relevant documents must be sent to me within 30 days of the receipt of this letter.
|A. ‘Fraud’ case of Rs. 44,34,151 concerning M/s Builtwell for recovery of the outstanding money from the past MC as stated in MC letter dated July 7, 2018|
|B. Filing of fraud case of Rs. 55,00,000 against the past MC as stated in MC letter dated December 13, 2017 for excessive payments to M/s. Builtwell and M/s. Reliable Transmission. The MC stated in the letter “this has to be resolved by filing a case of fraud against the MC during that period which was responsible for the excessive payments.”|
|C. Recovery of money (estimated to be crores of rupees) in the fraud case of DPS CGHS MC and M/s Builtwell and M/s Reliable Transmission as stated in MC letter No. DPS/ Audit/ 2005-06/12 dated September 12, 2016 from a former MC President M M Shukla.|
|D. FAR construction / repairs in the DPS CGHS society building|
|E. List of DPS CGHS members who paid for FAR construction / repairs|
|F. Cost calculation of FAR construction / repairs in DPS CGHS society building|
|G. Contracts with external commercial companies|
|H. Security guards contract and court case|
|I. Cash to members / residents. Reference MC letter No. DPS/GBM/03/2014-15 dated 15.08.2014|
|J. Response to RCS inquiry|
RCS: F.47/Coop./1350/GH/SW/2011/7051 dated 4.5.2011
Directorate of Vigilance: F.27/2/2011/DOV/1080 dated 15.2.2011 forwarded by CVC
CVC: O.M. No. 1716/10/8/104428 dated 01.10.2010 and O.M. No. 1716/10/8/117161 dated 24.01.2011
|K. Police complaint|
|M. Circulation of minutes of the meeting (AGM of 29.7.2018)|
*Certified Copies = All documents are to be prepared on the letterhead of the DPS CGHS with seal of the Society and signature of the competent authority of the Society Management, i.e., President or Secretary. For bank statements, it is the seal of the Bank and signatures of the Bank Branch Manager. Please mention the total number of pages that you are sending to me in response to this RTI application.
Further, I enclose herewith a cheque No. 131613 dated 15.10.2018 of Oriental Bank of Commerce, Sector 4, Dwarka, New Delhi in favour of DPS CGHS Ltd. of amount Rs. 500 toward the RTI application fee of Rs 10, the expenses for photocopies, and postage charges. In case the amount is insufficient to cover the photocopy charges, please count the number of copies, calculate the additional amount, and inform me within 10 days of the receipt of this letter, through speed post and I will send you the remaining amount. After that you may send me the required documents (such period of letter exchange, approximately 1 week, will be exempted from the calculation of the 30 days’ time limit for providing RTI information). However, if no such intimation is received from your side regarding the fee within 10 days, it will be assumed that no further amount is required.
DPS CGHS Membership No.: 133
463, DPS Apts., Plot No. 16, Sector 4
Dwarka, Phase I, New Delhi 110 078
Copy: Registrar Cooperative Societies, Govt of NCT of Delhi, Old Court Building, Parliament Street, New Delhi 110 001
You can click the following weblink to study the details of corruption and illegal activities at DPS CGHS.
By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of a humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society. He also runs an exclusive community-driven social service “Clean House” to help the suffering residents of Delhi raise their voice against the growing corruption and injustice.
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