Central Information Commission
Mantri Shyamprasad vs Rashtraiya Ispat Nigam Ltd. on 8 May, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal Nos. CIC/RINLT/A/2017/179209
CIC/RINLT/A/2017/179210
CIC/RINLT/A/2017/179211
CIC/RINLT/A/2017/179212
CIC/RINLT/A/2017/179213
CIC/RINLT/A/2017/179214
Mantri Syamprasad ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Rashtriya Ispat ...प्रनतवािीगण /Respondents
Nigam Ltd, Visakhapatnam
Relevant dates emerging from the appeals:
RTI : 07.06.2017 FA : 24.07.2017 SA : 20.11.2017
CPIO : 14.08.2017 FAO : 21.08.2017 Hearing : 03.05.2019
ORDER
1. The appellant filed six applications under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO)/DGM (A&L), Rashtriya Ispat Nigam Limited (RINL), Visakhapatnam Steel Plant (VSP), Visakhapatnam seeking identical information on six points pertaining to land leased to the following institutions.
Page 1 of 5 Sr. No. Name of School/college
1 Sri Chaitanya Education Committee
2 Little Angels School
3 Siva Sivani School
4 Alfa College
5 Chaitanya School and quarters
6 Depaul School
2. The information sought by the appellant included:
a) sketch of the land leased to the institutions with its extent,
b) students' strength year-wise in the school/college with category of admissions such as SC, ST, OBC, wards of employees & displaced persons,
c) number of constructions and structures in the school/college premises such as class rooms, Library, Hostel etc.,
d) number of quarters constructed on the land leased to the school/college,
e) the taxes remitted to electricity, GVMC etc., by the school/college, and
f) the details of payment of lease and copy of agreement.
3. The appellant filed the following six second appeals before the Commission on the grounds that the CPIO did not provide complete information despite the direction of the FAA.
Sr. No. File No. Information pertaining to School/college 1 CIC/RINLT/A/2017/179209 Sri Chaitanya Education Committee 2 CIC/RINLT/A/2017/179210 Little Angels School 3 CIC/RINLT/A/2017/179211 Siva Sivani School 4 CIC/RINLT/A/2017/179212 Alfa College 5 CIC/RINLT/A/2017/179213 Chaitanya School and quarters 6 CIC/RINLT/A/2017/179214 Depaul School Page 2 of 5 The appellant requested the Commission to impose penalty of Rs.250/- per day on the CPIO under Section 20(1) and to recommend disciplinary action under Section 20(2) of the of the RTI Act, 2005. All the above-mentioned six appeals are being clubbed together and disposed of by this common order.
Hearing:
4. The appellant was not present despite notice. The respondent Shri M. K. Topno, DGM (A&AF) and CPIO, RINL, VSP, Visakhapatnam attended the hearing through video conferencing.
5. The respondent submitted that in response to the appellant's RTI applications, information on point no. f of the RTI applications was furnished to the appellant vide letter dated 14.08.2017. The appellant was also informed that the information sought, vide point no. a of the RTI application, is voluminous in nature, collection and compilation of the same would disproportionately divert the limited resources of the organization, hence, the appellant was requested to inspect the necessary documents under the provisions of the RTI Act. The respondent stated that the above-mentioned school/college are self-financed and not supported by RINL/VSP. The respondent also clarified that the terms and conditions of the agreement do not require the lessee to furnish information regarding number of students etc. to the RINL/VSP. Hence, the appellant was informed with respect to point no. b, c, d and e of the RTI application, that the information sought for is not available with RINL/VSP. The respondent further stated that the FAA, vide order dated 21.08.2017, directed the CPIO to provide information on point nos. a, b, c and d of the RTI application. He, however, agreed with the stand taken by the Page 3 of 5 CPIO that the data sought for vide point no. e of the RTI application is not available with RINL/VSP as the school/college authorities are required to remit the taxes if any imposed by statutory authorities. In compliance with the order of the FAA, complete information on point nos. a and b of the RTI application was furnished to the appellant vide letter dated 27.12.2017. The appellant was also informed that the information sought vide point nos. c and d of the RTI application was not available in RINL/VSP. However, the same was sought from the school/college authorities and was, subsequently, furnished to the appellant vide letter dated 25.04.2019.
Decision:
6. The Commission, after hearing the submissions of the respondent and perusing the records, observes that due information has been provided to the appellant by the respondent. Hence, no further intervention of the Commission is required in the matter.
7. With the above observations, all the six appeal are disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 03.05.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Page 4 of 5 Addresses of the parties:
1. The First Appellate Authority (FAA) Rashtriya Ispat Nigam Ltd, Visakhapatnam Steel Plant, Room No. 111, Main Admn. Building, Visakhapatnam-530031.
2. The Central Public Information Officer (CPIO) Rashtriya Ispat Nigam Ltd., Visakhapatnam Steel Plant, Visakhapatnam-530031.
3. Shri Mantri Shyamprasad, Page 5 of 5