Central Information Commission
Mr.Ravindra Beleyur vs Ministry Of Corporate Affairs on 17 August, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000637
Dated: 17.08.2012
Name of Appellant : Shri Ravindra Beleyur
Name of Respondent : Ministry of Corporate Affairs
Date of Hearing : 25.07.2012
ORDER
Shri Ravindra Beleyur, hereinafter called the appellant has filed the present appeal dated 3.12.2011 before the Commission against the respondent Ministry of Corporate Affairs, New Delhi for not providing information in reply to his RTI-application dated 10.10.2011. The matter came up for hearing on 25.07.2012. The appellant was present whereas the respondent were represented by Shri L.R. Meena, Joint Director and Shri I.H. Ansari, Assistant Director.
2. The appellant vide his application dated 10.10.2011 filed under the provisions of the RTI Act, sought information on the following two queries: "(1) Please provide certified documents of all the documents including internal notings made by all the officers including the Minister of Corporate Affairs on the letters dated 2.9.2011 and 9.9.2011; (2) Please also provide documents evidencing action taken on the leader fo the team - Shri JK Teotia and Shri S.C. Sarsonia for their inefficiency or for colluding with the accused which has resulted in the sub-standard quality of the investigation report." The CPIO vide his letter No. 6/46/2011-CL.II (N.R) dated 8.11.2011 informed the appellant that 2 Case No. CIC/SS/A/2012/000637 requisite information cannot be parted with on account of the exemption u/s 8(1)
(h) of the RTI Act, 2005 as the issues involved in the complaints was under
process of investigation.
3. Aggrieved with the reply of the CPIO, the appellant filed first-appeal on 15.11.2011 before the FAA. The FAA vide his order dated 30.11.2011 held that in the instant case, investigation has been completed and the prosecutions were in progress and had not attained the finality. As such, parting with requisite information pertaining to the Ministry could impede the process of investigation. Therefore, the FAA held, the information sought cannot be furnished in terms of Section 8(1)(h) of the RTI Act.
4. The respondent CPIO in his written submissions stated that M/s. Megacity (Bangalore) Developers & Builders Ltd. was ordered for investigation u/s235 of the Companies Act, 1956 by the Ministry vide order dated 17.4.2009 by Serious Fraud Investigation Office (SFIO). The SFIO has submitted its investigation report to the Ministry on 30.7.2011 for necessary examination and further instructions to SFIO. When the RTI application was received the investigation report was under examination in the Ministry and was under process for issue of necessary instructions to SFIO to launch prosecutions against the accused company. The Ministry of Corporate Affairs has given its approval for prosecution and a case has been filed under the Companies Act and IPC before the competent Court at Bangalore, where the case is pending trial. The respondent submits that the final decision has been taken by the Ministry to prosecute the offenders. They have no objection now in providing requisite information to the appellant.
5. Under the circumstances the Commission hereby directs the CPIO to provide the documents as requested for by the appellant free of cost within ten days of receipt of this order.
3 Case No. CIC/SS/A/2012/000637The matter is disposed of with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Ravindra Beleyur, 48/3, 2nd Floor, 2nd Cross, 1st Main, Royan Circle, Chamrajpet, Bangaluru.-560018 The CPIO, Ministry of Corporate Affairs, 5th Floor, 'A' Wing, Shastri Bhawan, Dr. R.P. Road, New Delhi-110001.
The First Appellate Authority, Ministry of Corporate Affairs, 5th Floor, 'A' Wing, Shastri Bhawan, Dr. R.P. Road, New Delhi-110001.