Naresh Kadyan v. NITI Aayog

"As per website Bharat Sevak Samaj is a national development agency, Promoted by Planning Commission, Govt. of India in 1952, its Founder President Pandit Jawaharlal Nehru, hence supply all concerned file notings along with:

1. Bharat Sevak Samaj is a trust, society or company, copies of bye laws with registration certificates and map of buildings as used to perform.

2. All documents about legal status with recognition to conduct training and affiliation, required permissions as well

3. All copies - proof as claimed by them as Promoted by Planning Commission, Govt. of India in 1952

4. Complete details - list, about movable - immovable assets of Bharat Sevak Samaj

5. Complete details - list, about grant in aids sanctioned, disbursed and utilisation with present status and utility

6. Complete details - list, about land and building allotted with the terms and conditions, strict compliance with source of finance, to achieve objectives - targets

7. Complete details about permissions to use, image and name of Mahatma Gandhi, keeping in view Emblems and Names (Prevention of Improper Use) Act, 1950.

8. Complete details and list of present custodians, office bearers and staff - employees of Bharat Sevak Samaj along with list and details of website under name and style of Bharat Sevak Samaj and details of branches

9. Complete details about impact, contribution to uplift community by the Bharat Sevak Sama annual reports with audited balance sheets, since last 5 years.

10. Complete details of Trademarks obtained

11. Action taken on PG Portal, bearing No. DPLNG/E/2021/01606 and MINHA/E/2021/09822, with LG Listening of Delhi: 2021010593

12. Authority to use Planning Commission and State Emblem of India with details at NGO Darpan."

The CPIO furnished a reply to the appellant on 26.08.2021 stating as under:

"In this regard it is to inform that as per the First Five Year Plan document (chapter-8, para 1785 18), Bharat Sevak Samaj (BSS) was set up in 1952 with the support of erstwhile Planning Commission. It was conceived as a non-political and non-official National platform for constructive works, especially to find and develop avenues of voluntary service for the citizens of India to, inter alia build up

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the economic strength of this country, promote social well being of the community, mitigate hardship of the weaker sections etc. However, from the 4th Five-year Plan onwards there is no mention about BSS in the plan documents. The present status of the BSS is that it has no link with NITI Aayog (erstwhile Planning Commission), and it carries out its functions on its own. The BSS has also been strictly prohibited from using the Government Emblem on its official letter head and the certificates issued by them."

Being dissatisfied, the appellant filed a First Appeal dated 26.08.2021. FAA's order dated 29.09.2021 upheld the reply of CPIO.

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

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Not present.

Respondent: R N Mundhe, SRO & CPIO present through intra-video conference. The CPIO reiterated the reply provided to the Appellant and submitted that a point-wise revised reply has been again sent to the Appellant on 01.02.2023.

Decision:

The Commission based on a perusal of the facts on record observes that the factual reply provided by the CPIO suffices the queries raised by the Appellant in the instant RTI Application while the revised point-wise reply supplements the earlier reply in keeping with the spirit of the RTI Act.

Having observed as above, no scope of action is pertinent in the matter.

The appeal is disposed of accordingly. Saroj Punhani (सरोज पनुहािनुुु )

Information Commissioner (सूचनाूूू आय&ुुुु )

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Authenticated true copy (अिभ मा(णत स)या*पत ित) (C.A. Joseph)

Dy. Registrar

011-26179548/ ca.joseph@nic.in सी. ए. जोसेफ, उप-पंजीयक दनाकं /

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