Central Information Commission
Shri Sanjeev Kapoor vs Ntpc Limited. on 5 August, 2008
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066
Website: www.cic.gov.in
Decision No. 2996/IC(A)/2008
F. No. CIC/MA/A/2008/00867 & 931
Dated, the 5th August, 2008
Name of the Appellant : Shri Sanjeev Kapoor
Name of the Public Authority : NTPC Limited.
Facts:
1. The appellant did not avail of the opportunity of personal hearing on 04/08/2008. The appeals are therefore examined on merit.
2. On perusal of the documents submitted by the appellant, it is observed that he has asked for certain information through separate applications. Being not satisfied with the responses given by the CPIO and Appellate Authority, he has filed two separate appeals, which are examined together.
3. From responses given by the respondent, it is noted that a point-wise response has been given. The CPIO has, however, refused to provide the following information u/s 8(1) (j) and (e) of the Act:
i) Copy of the notesheet, containing the grounds for transfer of the appellant, as also approved by the competent authority.
ii) Copy of approval / resolution of the Board of Directors (BODs) on the basis of which certain circulars, as identified in his application, were issued.
4. The CPIO has refused to provided the copy of notesheet regarding the approval of transfer by the competent authority u/s 8(1) (j) of the Act on the ground that the disclosure of information is not in public interest. As regards the copy of resolution of BODs, the information has been denied u/s 8(1) (e) of the Act on the ground that the information is available with the respondent in a fiduciary capacity.
1If you don't ask, you don't get - Mahatma Gandhi 1
5. The appellant has cited certain decisions of the Commission on the basis of which he has stated that the denial of above information is unjustified. He has, therefore, pleaded for disclosure of information asked for.
Decision:
6. Under section 4 (1) (d) of the Act, a public authority is required to state reasons for its' administrative or quasi-judiciary decisions to affected persons. Accordingly, there is no justification for withholding the information relating to grounds for transfer of the appellant as approved by the competent authority. In view of this, the denial of information relating to notesheet containing the remarks of the concerned officials on the basis of which the transfer of the appellant was effected, is untenable.
7. Likewise, the documents relating to the approval / resolution of BODs on the basis of which circulars relating to performance linked incentives, LTC rules, etc. is unjustified.
8. The CPIO is therefore directed to furnish the information asked for, as above, within 15 working days from the date of issue of this decision.
9. Both the appeals are thus disposed of.
Sd/-
(Prof. M.M. Ansari) Central Information Commissioner Authenticated true copy:
(M.C. Sharma) Assistant Registrar Name and address of parties:
1. Shri Sanjeev Kapoor, Trainees Hostal, Room No. 22, NTPC ANTA, Baran-
325209.
2. Shri N.K. Sharma, CPIO, NTPC Ltd., Core-7, Scope Complex, Lodhi Road, New Delhi-110003.
2All men by nature desire to know - Aristotle 2