Central Information Commission
Nandakumar J vs Bharat Heavy Electricals Limited ... on 21 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/BHELD/A/2024/610771
Nandakumar J .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Bharat Heavy Electricals Ltd. (BHEL)
Boiler Auxiliares Plant, Indira Gandhi
Industrial Complex, Ranipet - 632406 .... ितवादीगण /Respondent
Date of Hearing : 05.08.2025
Date of Decision : 20.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 08.11.2023
CPIO replied on : 16.12.2023
First appeal filed on : 27.01.2024
First Appellate Authority's order : 04.03.2024
2nd Appeal/Complaint dated : 13.03.2024
Information sought:
1. The Appellant filed an (online) RTI application dated 08.11.2023 seeking the following information:
"Sub: DAV BHEL SCHOOL is functioning inside the BHEL Township Campus under Controlled by HR Department of BHEL-Ranipet. This school is running by on-Contract between ARYA SAMAJ Educational Society with BAP BHEL Ranipet.
Links for your Reference:Page 1 of 6
https://davchennai.org/dav-group-of-schools/ https://bhelranipet.davchennai.org/ Regarding the above Pertaining School matter, please furnish the below pointed information transparently, u/s 4(1)(b) of the RTI Act,2005.
1. Furnish the Copy of Recent Agreement which has made between DAV School and BHEL Ranipet Management.
2. Furnish the information that, How Many Students are studying under RTE act, 2009 in DAV BHEL School for this current academic year2023-24. also provide Class Wise Name list.
3. Furnish the information that, copy of Audited balance sheet for the last financial year 2022-2023."
2. The CPIO furnished a reply to the Appellant on 16.12.2023 stating as under:
"Query No.1:
Requested information contains strategic interest of the public authority and disclosure of which would prejudicially affect the strategic interests of BHEL and hence the same is exempted from disclosure under S.8(1)(a) of the Right to Information Act 2005.
Query No.2 &3:
DAV BHEL School is a private school and the query is relating to the day to day activities /administration of the school by the management of DAV BHEL School. Hence the requested details are not available with this public authority."
3. Being dissatisfied, the Appellant filed a First Appeal dated 27.01.2024. The FAA vide its order dated 04.03.2024, held as under.
"I have carefully gone through the RTI Application, reply of CPIO and the appeal filed by the appellant as well as CPIO's comments regarding the subject appeal and my views are listed below:
Reply has already been issued by CPIO on 16.12.2023. The appeal dated 27/01/2024 is raised within the strict meaning of the State given under the Act. However, the definition of "State" covers all the Instruments of Page 2 of 6 State i.e. PSUs including BHEL in the context of State under Sec 8.1(a) of this Act.
CPIO has already submitted his reply for the Query No 2 & 3, that the requested information is not available with the Public Authority. Therefore the appeal does not merit any further consideration as no other ground is mentioned in appeal. The appeal is accordingly disposed of on 04/03/2024."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: A. Vijayendran, CPIO appeared through video conference.
5. Proof of having served a copy of Second Appeal/ Complaint on respondent while filing the same in CIC on 13.03.2024 is not available on record. The Respondent confirms non-service.
6. The Respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 30.07.2025 stating complete facts of the case and requested the Commission to place the same on record. The relevant paras of the written submission are reproduced as under:
1. Please refer to the Notice of Hearing vide CIC/BHELD/A/2024/610771 dated 14.07.2024, which is 2nd Appeal filed by Shri J Nandakumar, has been received for hearing before Hon'ble Information Commissioner, Shri Vinod Kumar Tiwari on 05.08.2025 at 11:45 A.Μ.
2. The Second Appeal is filed by the Appellant Mr J Nandakumar in respect of reply dated 16.12.2023 by the CPIO.
3. Appellant has mentioned that information requested is denied as grounds for filing second appeal.
4. RTI application was received on 08 Nov 2023 and registered with ID No BAP: RTI:26/2023. Applicant had dated the application on 08 Nov 2023 and received by us on 17 Nov 2023. As per the RTI Act 2005 Section 7, "CPIO on receipt of request shall as expeditiously as possible and in any case within Page 3 of 6 thirty days of the "receipt of the request" either provide the information or reject the request for any reasons specified in Sec 8 & 9.
5. In this instant case, we had provided the reply to the RTI ID No BAP:
RTI:26/2023 vide our letter BAP: RTI:26/2023 dated 16.12.2023 which is well within 30 days from the date of receipt. Reply is enclosed as Annexure - I.
6. Shri J Nandakumar had raised an appeal BHELD/A/E/24/00005 dated 27.01.2024 alleging details not fully provided and misleading or false information (RTI/FA/01/2024). First appellate authority after perusing the appeal, RTI reply and views and comments of the CPIO, in his speaking order has categorically stated "Reply has already been issued by CPIO on 16.12.2023. The appeal dated 27.01.2024 is raised within the strict meaning of the state given under the Act. However, the definition of "State"
covers all the instruments of state i.e. PSUs including BHEL in the context of State under Sec 8.1(a) of this act. CPIO has already submitted his reply for the query No.2 & 3, that the requested information is not available with the Public Authority. Therefore, the appeal does not merit any further consideration as no other ground is mentioned in appeal".
7. It is false to state that information is denied by the CPIO and Appellate Authority. On the contrary reply dated 16.12.2023 had been given for his queries.
8. As against the query No. 1., wherein he wanted a copy of recent agreement made between DAV and BHEL. As there is no agreement for the period 2022 to 2027 signed between the parties, a reply was issued invoking Sec 8.1 (a) of the RTI Act, in view of the fact that the adhoc arrangement contained points for negotiation and the same was not a conclusive agreement. In short, the required information was not available in material form and the existing adhoc agreement is not conclusive, disclosure of which would result in affecting the strategic interest of this Public Authority. Therefore, the reply issued by the CPIO and the Appellate Authority does not suffer from any infirmity. For the record, the agreement with the school is still under negotiation.
9. As admitted by the appellant the school is a private school. Day to day affairs of the school and management of the school is carried out by the education society namely M/S Tamil Nadu Arya Samaj Educational Society, Chennai 600 086 as per the guidelines of CBSE.
Page 4 of 610. The allegation is general in nature and the allegations are false. The appellant is an employee of BHEL and also a trade union functionary and all his applications have been replied as per the provisions of the RTI Act, 2005.
In case appellant submits further written submission or additional grounds, we reserve our rights to submit additional reply. Therefore, we submit that the reply provided by the CPIO and FAA were within the provisions of RTI Act 2005 and pray to the Honourable Information commissioner to close the appeal filed by the appellant."
Decision:
7. The Commission, after adverting to the facts and circumstances of the case, hearing the Respondent and perusing the records, notes that the Respondent had furnished a point-wise reply to the Appellant vide letter dated 16.12.2023. With respect to point No. 1 of the RTI application, wherein the Appellant sought a copy of the recent agreement executed between DAV School and BHEL, the Respondent clarified that no agreement for the period 2022-2027 has been signed between the parties. It was further explained that only an ad-hoc arrangement exists, which contains points under negotiation and does not constitute a conclusive agreement. Since the requested information was not available in material form and disclosure of the provisional arrangement could prejudice the strategic interests of the public authority, the same was denied. The Commission finds no infirmity in the submissions made by the Respondent in respect of point No. 1 of the RTI application.
8. As regards point Nos. 2 and 3 of the RTI application, the Commission finds that reply given by the Respondent CPIO is unsatisfactory. DAV BHEL School is functioning within the BHEL Township under a formal arrangement with BHEL, and the Appellant has sought information directly linked to that arrangement. Even if the primary records are held by DAV School or Arya Samaj Educational Society, the CPIO was duty bound under Section 6(3) to transfer the RTI application to the concerned authority, or under Section 5(4) to seek assistance from the custodian of the information. By failing to do so, the CPIO did not discharge the responsibility under Section 5(3), which requires reasonable assistance to applicants. Accordingly, the Commission holds that the reply given on points 2 & 3 was unsatisfactory and the same is accordingly set aside. Therefore, the Respondent CPIO is directed to revisit the RTI Page 5 of 6 application and provide a specific and categorical reply on points 2 & 3, by obtaining the information under Section 5(4) of the RTI Act, within four weeks from the date of receipt of this order.
9. The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Bharat Heavy Electricals Ltd. (BHEL) Boiler Auxiliares Plant, Indira Gandhi Industrial Complex, Ranipet - 632406 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)