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Central Information Commission

S Krishnamoorthy vs Department Of Atomic Energy on 27 September, 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/DOATE/A/2018/140346
                                                   CIC/DOATE/A/2018/141141


S. Krishnamoorthy                                                ... अपीलकताग/Appellant


                                         VERSUS
                                          बनाम


The CPIO, Atomic Minerals                                        ...प्रनतवािी /Respondent
Directorate (AMD), Department
of Atomic Energy, Mumbai

Relevant dates emerging from the appeal:

Sr.                                                                             Appeal
              File Nos.            RTI         CPIO         FA        FAA
No.

1.    CIC/DOATE/A/2018/140346 30.03.2018 18.04.2018 02.05.2018 04.06.2018     26.06.2018
2.    CIC/DOATE/A/2018/141141 30.03.2018 11.04.2018 02.05.2018 28.05.2018     25.06.2018



                                     ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Public Information Officer, Department of Atomic Energy (DAE) seeking information on three points namely (i) after dispensing monazite test certificate system for export of Garnet or Ilmenite, whether DAE or AMD or any other agency has fixed the monazite content eligible for export for Garnet or Ilmenite, (ii) if yes, furnish the copy of the fix up notification and Page 1 of 4 the gazette notification and (iii) if no notification is fixed up, whether DAE would fix up the quantity and make arrangement to implement the same by introducing the monazite test certification again.

2. The appellant filed two second appeals in case nos. CIC/DOATE/A/2018/141141 and CIC/DOATE/A/2018/140346 in respect of two similar RTI applications dated 30.03.2018 before the Commission on the ground that the respondent did not provide any information to the appellant. The appellant contends that the respondent should suo moto disclose information as held by them as per Section 4(1)(b), (c) and (d). The applicant relied upon clause (iv), (xvii) of Section 4(1)(b) and Section 4(1)(c) of RTI Act, 2005, stating that the disclosure of the information with respect to the content of monazite eligible for export of Garnet or Ilmenite would enable the public to know whether the exporters have complied with the rules or not. The appellant further stated that instead of suo-moto disclosure, the respondent denied the information sought for. The appellant further stated that the respondent has also not transferred his RTI application to the concerned PIO for providing the information, in case the same was not available with the CPIO. The appellant stated that the reply of respondent is incorrect. The appellant therefore requested the Commission to direct the respondent to provide the information sought by him. Both these second appeals are being clubbed together to avoid multiplicity of proceedings and disposed of by this common order.

Hearing on 14.08.2019:

3. Shri K.S. Mahadevan Advocate representing the appellant was present in person. T.S. Sunil Kumar, Head (MPG) and CPIO and Dr. Eric D'Cruz, Scientific Officer (H), AMD, DAE were heard through video conferencing.

4. The appellant submitted that the respondent did not provide the information sought by him. The appellant added that he had also sought a copy of the notification in respect of the information sought by him vide point no. 2 of his RTI application. In his view, the respondent being the implementing agency, should have a copy of the notification, whether issued by them or some other authority, in their records.

5. The respondent submitted that post 2007, after dispensing the Monazite Test Certificate system, no notification has been issued by DAE, hence the information sought for vide point nos. 1 and 2 of the RTI application could not be provided to the appellant. Moreover, there was no clarity about the threshold value of the Monazite quantity allowed in the export consignment of Garnet and Ilmenite fixed by the Government of India. The respondent further submitted that the Monazite Test Certificate System has since been re-introduced. Hence, query no. 3 of the RTI application has been answered. In response to a query the respondent admitted that Directorate General of Foreign Trade (DGFT) has issued a notification dated 21.08.2018 designating Indian Rare Earths Limited (IREL), a Public Sector Undertaking (PSU) under DAE, as State Trading Enterprise (STE) for canalizing the export of BSM. Further, as per the SOP approved by DAE on 06.09.2018 in order to comply with the aforesaid notification, the percentage of permissible limit for export of BSM consignment is 0.25% Monazite equivalent.

Decision:

6. The Commission, after hearing the submissions of the parties and perusing the records, observes that a similar matter (Second Appeal No. CIC/DOATE/A/2018/147993) has been heard on 14.08.2019. The decision taken in that matter shall be applicable in these cases too.

7. With the above observations, both the appeals 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 25.09.2019 Authenticated true copy (अनभप्रमानित सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:

1. The First Appellate Authority, Atomic Minerals Directorate for Exploration & Research, AMD Complex, Begumpet, Hyderabad- 500016.

2. The Central Public Information Officer, Atomic Minerals Directorate for Exploration & Research, AMD Complex, Begumpet, Hyderabad- 500016.

3. Mr. S. Krishnamoorthy Page 4 of 4