Central Information Commission
Mrmadhu Sudan Mukherjee vs Hindustan Copper Ltd. on 23 November, 2015
CENTRAL INFORMATION COMMISSION
August KrantiBhawan, BhikajiCama Place,
New Delhi-110066
F.No.CIC/YA/A/2014/002131
F.No.CIC/YA/A/2014/002237
F.No.CIC/KY/C/2014/000329-YA
F.No.CIC/YA/A/2014/003284
F.No.CIC/YA/C/2014/000443
F.No.CIC/YA/C/2014/000614
Date of Hearing : 02.07.2015
Date of Interim Decision : 02.07.2015
Date of Final order : 23.11.2015
Appellant : Shri Madhusudhan Mukherjee
Kolkata
Respondent : Ms.Sampa C. Lahiri,
CPIO/Chief Manager (Corporate Communications) Shri D.K. Mukherjee, FAA Hindustan Copper Limited Kolkata, West Bengal Information Commissioner : ShriYashovardhan Azad Both parties are present. As both the parties are same in the abovementioned appeals, the cases are being heard and decided together, to avoid multiplicity of proceedings.
Details of all the second appeals are produced below in a tabulated form:
Appeal/Complaint RTI Date PIO's reply First appeal FAA's order No. 002131 & 002237 23.04.2014 12.06.2014 27.06.2014 10.07.2014 000329 22.08.2014 No reply 08.10.2014 No order passed Page 1 of 6 003284 22.08.2014 No reply 08.10.2014 No order passed 000443 03.04.2014 04.07.2014 & 30.05.2014 No order passed 11.07.2014 000614 22.08.2014 No reply 08.10.2014 No order passed F.No.CIC/YA/A/2014/002131 &F.No.CIC/YA/A/2014/002237 The appellant filed an RTI application dated 23.04.2014, seeking information on 2 points regarding details of air tickets and railways tickets booked by Hindustan Copper Limited (HCL) for CMD & all Functional Director for the period 2012 to 2014. CPIO vide reply dated 12.06.2014, denied the information by invoking exemption u/s 8(1) (e) & (j) of the RTI Act.
FAA vide order dated 10.07.2014 upheld the stand of the PIO. Not satisfied with the response of the public authority, appellant filed present appeal before the Commission.
F.No.CIC/KY/C/2014/000329 The complainant filed an RTI application dated 22.08.2014, seeking details of leave availed by CMD and other functional directors from 2012 onwards along with indicating nature of leave and duration. Having not received any response from the public authority, the complainant filed present complaint before the Commission.
F.No.CIC/YA/A/2014/003284 The appellant filed an RTI application dated 22.08.2014, seeking information regarding reimbursement of medical expenses to employees at Head Offices.Having not received any response from the public authority, the appellant filed present appeal before the Commission.
F.No.CIC/YA/C/2014/000443 The complainant filed an RTI application dated 03.04.2014, seeking information on 6 points regardingPerformance Related Pay (PRP) and copies of his own ACRs for the period of 2008 to 2012. PIO vide reply dated 29.4.2014 provided one point reply to the complainant. .Having not received any response from the FAA, the complainant filed present complaint before the Commission.
F.No.CIC/YA/C/2014/000614 Page 2 of 6 The complainant filed an RTI application dated 22.08.2014, seeking details of the telephone bills reimbursed to the CMD and other functional Directors from 2010 onwards. Having not received any response from the public authority, the complainant filed present complaint before the Commission Relevant facts emerging during the hearing:
Appellant stated that till date no material information has been provided to him. He requested the Commission to treat all his complaints as an appeal and for direction to provide complete information to him. He further stated that copy of his own ACRs also has not been provided to him. Respondent submitted that she has received hearing notice on yesterday and now not in a position to clarify any query raised by the Commission as to why the information has been denied to the appellant or not replied in time. She requested for two week's time to submit her written submission in the matter.
Interim Decision Notice:
After hearing the parties and considering the request of the CPIO, the Commission directs the CPIO to submit her written submission within two weeks of receipt of this order demonstrating details as to why the RTI has not been replied to the appellant in time and on what ground the information has been denied to him.
The matter be placed before the Commission for final decision in the matter after receiving the submission from the CPIO.
Final Decision: 23.11.2015 Pursuant to the CIC order dated 02/07/2015, the Commission is in receipt of submissions dated 30/07/2015 from the Chief Manager (Corporate Communications)/CPIO, HCL.The Respondent has submitted her explanations Complaint-wise and stated as follows:
F.No.CIC/YA/A/2014/002131 & F.No.CIC/YA/A/2014/002237 The information holder, the then GM (HR) and Legal Head/ Corporate Office, Sh. S.K. Das while reasoning the denial of information and withholding information under provisions of Section 8 (1) (e) and (j) of the RTI Act have endorsed the opinion of the then Legal Head and current Advisor Legal.
The legal opinion deals with the fact that the CMD and directors of the company often travel to various places including units of the company located in disturbed areas in discharge of their official duty. Information about such travel/plans are held in 'fiduciary' capacity as an employee of the company and cannot be divulged in view of the fact that such travels are part Page 3 of 6 of business plans. Disclosure of such information would reveal confidential commercial activities and business plans of HCL to its competitor companies, hence exemption under Section 8 (1) (d) was claimed on disclosure of such information. Since dissemination of travel related information of the CMD and other directors would reflect the frequency and pattern of their travel, particularly in the areas under Maoist influence, it is likely to endanger the safety and security of the persons. Hence, exemption from disclosure was claimed under Section 8 (1)
(g) as well.
F.No.CIC/KY/C/2014/000329 The Respondent CPIO, HCL has stated that the RTI application dated 22/08/2014 had been duly transferred to the then GM (HR)/Corporate Office, Sh. Naresh Kumar on 28/08/2014. However, despite repeated follow-ups and reminders, no response has been received from the concerned information holder, copies whereof have been placed on record by the Respondent.
F.No.CIC/KY/A/2014/003284 In this case, it appears that the RTI application dated 22/08/2014 was transferred by the Respondent, CPIO, HCL to the then GM (HR)/Corporate Office, Sh. Naresh Kumar on 28/08/2014. She has added that repeated follow-ups and reminders have failed to elicit any response from the information holder. The copies of reminders have been duly placed on record by the Respondent.
F.No.CIC/KY/C/2014/000443 The Respondent CPIO, HCL has explained that the RTI application dated 22/08/2014 had been duly transferred to the then GM (HR)/Corporate Office, Sh. Naresh Kumar on 28/08/2014. She has added that despite repeated follow-ups and reminders, the concerned information holder has not responded so far. The copies of reminders have been duly placed on record by the Respondent.
It is noted that some information relating to the PRP amount paid during the last 5 years to the applicant was available with the Corporate Finance team. Upon procuring the same from the O/o GM(Fin.), the CPIO, HCL, has forwarded the said information to the applicant by letter dated 04/07/2014.
F.No.CIC/KY/C/2014/000614 While dealing with the instant case, the Respondent CPIO, HCL has stated that the RTI application dated 22/08/2014 had been duly transferred to the then GM (HR) & Administration/Corporate Office, Sh. S K Das on 28/08/2014. However, no response has been received despite repeated follow-ups and reminders. The copies of reminders have been duly placed on record by the Respondent.
Page 4 of 6The Commission observes that response and explanation have been given only in two cases i.e. CIC/YA/A/2014/002131 and CIC/YA/A/2014/002237. The reasoning of the legal head as to why information sought is being denied under the specific provisions of the Act appears to be a laboured one. The Commission is not convinced that all the information sought can be classified as secret due to visits to maoist areas since disclosure of such information would lead to threat to the life of the officers. Even otherwise, not all the visits are to such areas. Further, by no stretch of imagination, information regarding travel to other parts can be construed fiduciary information since they have been performed by using public money and for official purpose. The Commission directs the respondent authority to furnish bulk information regarding areas visited other than maoist hit areas, amount incurred in each such visit, to the appellant, within 2 weeks of receipt of this order, under intimation to the Commission.
With respect to all the cases, where, the GM (HR)/Corporate Office, Sh. Naresh Kumar and the GM (HR) & Administration/Corporate Office, Sh. S K Das have not bothered to respond at all, the Commission finds it intriguing and important to break this silence. The Deputy Registrar of this bench is directed to issue Show Cause Notices to the aforementioned officers to respond as to why penal action shall not be initiated upon them for the complete disregard of the RTI Act. The responses to the individual Show Cause notice/s may be submitted within a month of receipt of the order, failing which, appropriate legal action shall be taken by the Commission based on records of the case/s.
The appeals/complaints are disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Central Public Information Officer under RTI First Appellate Authority under RTI Chief Manager-(CC), General Manager-(Commercial), Hindustan Copper Limited, Hindustan Copper Limited, Tamra Bhawan, P. B. No.-10224, Tamra Bhawan, P.B.No.-10224, 1, AshutoshChowdhury Avenue, 1, AshutoshChowdhury Avenue, Kolkata-700019 (West Bengal). Kolkata-700019 (West Bengal).Page 5 of 6
Shri Madhu Sudan Mukherjee S/o. Late Jyoti Prasad Mukherjee, P.W.D. Quarters, Rathtala, Belgharia, Kolkata-700056 (West Bengal).Page 6 of 6