Central Information Commission
K S Dhingra vs Central Electiricity Regulatory ... on 5 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File Nos. : CIC/CERCO/C/2023/627300, CIC/CERCO/C/2023/629936,
CIC/CERCO/C/2023/654951, CIC/CERCO/C/2024/600103,
CIC/CERCO/C/2024/600325, CIC/CERCO/C/2024/601818
K S Dhingra ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
Central Electricity Regulatory Commission,
36, Chander Lok Bullding, Upper Ground Floor,
Janpath, New Delhi-110001. ....प्रनतवािीगण /Respondent
Date of Hearing : 30.08.2024
Date of Decision : 05.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned complaints are clubbed together as the subject-matter
is similar in nature and hence are being disposed of through a common order.
Relevant facts emerging from complaint:
RTI application filed on : 19.04.2023, 25.08.2023, 19.09.2023,
08.10.2023, 03.11.2023,
CPIO replied on : 16.05.2023, 21.09.2023, 10.10.2023,
02.11.2023, 30.11.2023
First appeal filed on : 17.06.2023, 20.10.2023, 30.11.2023,
07.11.2023, 13.12.2023
First Appellate Authority's order : 10.01.2024
2nd Appeal/Complaint dated : Nil
Page 1 of 17
CIC/CERCO/C/2023/627300
Information sought:
The Complainant filed an RTI application dated 05.03.2023 seeking the following information:
A. Copy on note sheet where points communicated in letter No. 08/Fin Div/2004-05/CERC dated 20.10.2005 were examined/processed before issuing the said letter.
B. Copies of all letters sent by CERC to Ministry of Power seeking approval of Power Minister for extension of my deputation from 08.06.2003 to 07.06.2004.
C. Copies of Ministry of Power letters No 25/11/2003-R&R dated 22.09.2003 and letter dated 30.01.2004 conveying approval of Power Minister for extension of my deputation from 08.06.2003 to 07.06.2004 and also any other letter of the Ministry on the subject of extension of my deputation.
The CPIO furnished a reply to the complainant on 03.04.2023 stating as under:
1. The matter has been examined in consultation with concerned Divisions.
The file mentioned by you is not available in records.
2. On the basis of available records, a copy of CERC's letter No. 2/1(23)/2000-Estt/CERC dated 18th June 2002 is attached.
3. On the basis of available records, a copy each of Ministry of Power letters No. 25/11/2003-R&R dated 22nd September 2003 and letter dated 30th June 2004 is attached.
Being dissatisfied, the complainant filed a First Appeal dated 05.04.2023. The FAA vide its order dated 29.04.2023, held as under.
A. I have gone through the RTI Application dated 5.3.2023 wherein the Appellant has sought copies of note sheet pertaining to issuance of letter dated 20.10.2005, copies of all letters sent to by CERC to Ministry of Power (MOP) for extension of deputation of the Appellant from 8.6.2003 to 7.6.2004; copies of MOP letters dated 22.9.2003, 30.1.2004 conveying approval of Power Minister for the same and any letter from MOP concerned with extension of deputation B. In response to the above queries, the CPIO vide his letter dated 3.4.2023 sent available copies of letters, which are copies of letter dated 18.6.2022, 22.9.2003 and 30.6.2004 and stated that the file referred by the Appellant for the noting supporting the letter dt 20.10.2005 was not available.
Page 2 of 17C. In his appeal, the Appellant has informed that while he had sought copies of all letters sent to MOP for extension of his deputation from 8.6.2003 to 7.6.2004, he was provided with only one letter dt 18.6.2002 which pertained for his extension of deputation for the 4th year i,e from 8.6.2002 to 7.6.2003. He has specifically referred to File No: Pt File No 2/1(23)/2000-Est/CERC and requests that the copy of letter sent to MOP in this file may be provided.
D. In this regard, CPIO is directed to send copies of letters sent to MOP pertaining to deputation of the Appellant, in case the same is available in the file referred to by the Appellant (As in Para C above).
CIC/CERCO/C/2023/629936 Information sought:
The Complainant filed an RTI application dated 19.04.2023 seeking the following information:
1. Inform me whether CERC converted into an autonomous body, If so, authority for the view of conversion.
2. Provide me basis on which CERC in letter No 08/Fin Div/2004-05/CERC dated 20.10.2005, addressed to Joint Director, office of JS &CAO, Ministry of Defence stated that I was on deputation on foreign service from 08.06.1999 to 06.06.2004.
3. Provide me basis on which pension and leave salary contribution for 01.04.2004 to 06.06.2004 was remtted under letter dated 20.10.2005 ibid, when date of conversion of CERC into an autonomous body was not available till 20.01.2021 when was provided information under letter of that date.
4. Provide me basis for stating in letter No 2/4(27)/99-Estt/CERC dated 11.01.2005 addressed to Senior Administrative Officer, Office of JS & CAO, Ministry of Defence that CERC was being extended budgetary support as Grants-in-aid, since Section 98 of the Electricity Act, 2003 does not use term GRANTS-IN-AID. The letter dated 11.01.2005 is held in my personal file, which I had inspected on23.12.2020.1 shall remit additional fee, if any, payable.
The CPIO furnished a reply to the complainant on 16.05.2023 stating as under:
(1) To (4):
The information sought by you is not covered under the definition of "information" as per Section 2(f) of the RTI Act, 2005 Page 3 of 17 Being dissatisfied, the complainant filed a First Appeal dated 17.06.2023. The FAA vide its order dated Nil, held as under.
A. I have gone through the RTI Application dated 19.4.2023 wherein the Appellant has refered to his previous RTI application No 00181 and the response sent by CPIO, CERC dt 20.1.2021 that there was no information available as to the date of conversion of CERC into an autonomous body. In continuation to this response by CPIO, CERC, the Appellant has sought information on whether CERC is converted int an autonomous body and the concerned authority for the conversion; letters wrt deputation of the Appellant on terms of foreign service from 8.6.99 to 6.6.2004; basis of pension and salary contribution of the Appellant from 1.4.2004 to 6.6.2004 and related query; details of letter of 11.1.2005 in his personal file for which he would remit additional fee (as the same has been inspected by the Appellant on 23.12.2020).
B. In response to the above queries, the CPIO vide his letter dated 19.4.2023 stated that the information as sought by the Appellant was not covered under the definition of information" under Section 2(f) of the RTI Act 2005 C. In his appeal, the Appellant has informed that while he had sought information on 4 points, CPIO has rejected the same on the grounds that they do not qualify as information and not substantiated the reason for the rejection. The Appellant has again reiterated the questions and stated that they all qualify as information sought. He has further added that if the information is not available, he may informed so. D. On perusal of the RTI application, the following are my observations :
a) Whether" CERC is converted into an autonomous body and the authority for the conversion: The Appellant's request which starts with "whether" does not fall under the category of information.
b) "Basis" on which CERC in its letter to Ministry of Defence stated that the Appellant was on deputation on foreign terms
c) "Basis"on which pension and leave salary contribution was remitted
d) "Basis" for stating that CERC was being extended budgetary support as Grant in aid The Appellant seeking "basis" of CERC letter does not fall under the category of information E. In view of this, the appeal is disposed of.
CIC/CERCO/C/2023/654951 Information sought:
The Complainant filed an RTI application dated 25.08.2023 seeking the following information:Page 4 of 17
Provide information regarding amounts of fees projected/anticipated by CERC in annual budget for the years 2003-04, 2004- 05, 2005-06 and 2006-07 and fees actually received during these years.
The CPIO furnished a reply to the complainant on 21.09.2023 stating as under:
As per available records, the details of fee received by the Commission are given below:
Year Fee Received 2004-05 Rs 278.62 lakhs 2005-06 Rs 653.81 lakhs 2006-07 Rs 778.15 lakhs Record for 2003-04 is not available
Being dissatisfied, the complainant filed a First Appeal dated 20.10.2023. The FAA vide its order dated Nil, held as under.
A. I have gone through the RTI Application dt 25.8.2023 wherein the Appellant had sought information wrt fees projected/ anticipated by CERC in its annual budget for 2003-04, 2004-05, 2005-06 and 2006-07 and actual fees received for these years B. In response to the above queries, the CPIO vide his letter dated 21.9.2023 provided the information wrt fees received for 2004-05, 2005-06 and 2006-07 while stating that record for 2003-04 is not available C. In his appeal, the appellant has reiterated his request for the projected fees for 2004-05 to 2006-07.
D. In this regard, CPIO, CERC is directed to furnish the information wrt projected fees of CERC for 2003-04, 2004-05, 2005-06 and 2006-07, if records are available E. In view of this, the appeal is disposed off.
CIC/CERCO/C/2024/600103 Information sought:
The Complainant filed an RTI application dated 19.09.2023 seeking the following information:
(a) Copy of letter, if any, by which Ministry of Power (the Ministry) agreed to operate Central Electricity Regulatory Fund (the Fund) during 2004-05.
(b) In case no such letter was issued by the Ministry, inform me of background against which it was stated in Central Elecricity Regulatory Commiision (CERC) Annual Report for 2004-05 that it operated the Fund during that year.Page 5 of 17
(c) Copy of draft rules based on which the Ministry agreed to operate the Fund during 2004-05 and/or 2005-06, attached with the Ministry letter No 23/76/2003-R&R dated 24.09.2005 addressed to CERC.
(d) Copies of letters under which requirements to release grants were projected by CERC to the Ministry during 2004-05 and 2005-06.
(e) Copies of sanctions issued by the Ministry (billed for by cash section) for transfer of grants to CERC during 2004-05 and 2005-06.
(f) Copies of letters of release of grants by PAO to CERC after issue of sanctions by the Ministry during 2004-05 and 2005-06.
(g) Copies bank statements for accounts in which A/C payee cheques releasing grants by PAO during 2004-05 and 2005-06 were deposited by CERC
(h) Break-up of budget estimates for 2004-05 and 2005-06 projected by CERC under different Heads of expenditure bad receipts, similar to Heads considered in budget estimates for 2003-04.
(i) Break-up of budget estimates of Rs 9.55 crore for 2004-05 and Rs 6.71 crore for 2005-06 approved by Parliament.
The CPIO furnished a reply to the complainant on 10.10.2023 stating as under:
(a) to (c) Copy of letter No. 23/76/2003-R&R dated 24.09.2004 along with draft Central Electricity Regulatory Commission Fund and the manner of application of the Fund Rules 2004 enclosed.
(D) Relevant record is not available.
(e) & (f):
The information pertains to Ministry of Power/Office of CCA (Power). The RTI application is being sent to CPIO, Ministry of Power for furnishing the information direct to you.
(g) to (i):
Relevant record is not available.
Being dissatisfied, the complainant filed a First Appeal dated 30.11.2023. The FAA vide its order dated Nil, held as under.
A. I have gone through the RTI Application dt 19.9.2023 wherein the Appellant had sought information wrt copies of letters on the CERC Regulatory Fund; Draft Rules with letter dt 24.9.2005; copies of letters for grants projected by CERC during 2004-205 and 2005-06; copies of sanctions issued by Ministry for grants during said period; letters of release of grants by PAO to CERC after issue of sanctions during the said period; copies of bank statements during said period for the grants; breakup of budget estimates projected by CERC during the said period Page 6 of 17 and breakup of budget estimates of Rs 9.55 Crs for 2004-05 and Rs 6.71 Crs for 2005-6 approved by Parliament B. In response to the above queries, the CPIO vide his letter dated 210.10.2023 provided the information wrt copies of letters of 24.9.2004 along with Draft CERC Fund Rules of 2004 while stating that the remaining information is not available and also transferred one portion of the information to Ministry of Power C. In his appeal, the appellant has again sought information wrt copies of letters wrt grants projected by CERC to Ministry during 2004-05 to 2005-
06; Copies of bank statements for these grants released by PAO reasons for CPIO denying information; copies of sanction orders, copies of such sanctions from Ministry and CPIO transferring RTI beyond the stipulated period of 5 days in violation of the RTI Act.
D. As per Section 7(8) of the Act," Where a request has been rejected under sub- section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,- (i) the reasons for such rejection". In this matter, CPIO has given the reasons of rejection of the request. as "Relevant record is not available". Hence, no appeal lies in further seeking reasons for rejection. The CPIO can only provide details of available information. E. Wrt delay by CPIO in transferring the RTI Application to Ministry beyond the time limit of 5 days, Section 6 (3) of the RTI Act stipulates "Where an application is made to a public authority requesting for an information,
(i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.". Hence, CPIO, CERC is directed to adhere to the timelines given in the RTI Act and transfer such applications within the timeframe prescribed F. In view of the above, the appeal is disposed off.
CIC/CERCO/C/2024/600325 Information sought:
The Complainant filed an RTI application dated 08.10.2023 seeking the following information:
i) amounts of grants and loans were credited to the Central Electricity Regulatory Commission Fund, operated by the Central Electricity Page 7 of 17 Regulatory Commission, after due appropriation made by Parliament during 2004-05 and 2005-06,
(ii) the dates on which amounts were credited,
(iii) evidence in support of (i) and (ii) as also showing credits and debits in the the Central Electricity Regulatory Commission Fund account.
(iv) Please also provide copies of sanctions issued by Ministry of Power for release of grants and loans to the Central Electricity Regulatory Commission during 2004-05 and 2005-06 to enable Principal Accounts Officer, Ministry of Power to issue cheques in favour of the Central Electricity Regulatory Commission as envisaged in rule 4 (a) of the above draft rules.
(v) Please intimate particulars of bank accounts, namely Account Name, Account No, Bank Name, dates of deposit of cheques, to which cheques issued by Principal Accounts Officer, Ministry of Power on account of grants and loans were deposited during 2004-05 and 2005-06.
(vi) Please also provide copy of the Central Electricity Regulatory Commission (Miscellaneous Provisions) Order, 1999 dated 09.10.1999.
The CPIO furnished a reply to the complainant on 02.11.2023 stating as under:
I to iv.
The records information sought by you is not available with this public authority Your application is being transferred to Ministry of Power under Section 6(3) of the RTI Act. 2005.
v. Records in respect of Information sough! by you are not available in this Commission.
vi. It appears there is an error about the dale in your RTI application Central Electricity about the Regulatory Commission (Miscellaneous Provisions) Order 1999 dated 09.10 1999. A copy of above Order dated 27.08.1999 is enclosed for your perusal.
Being dissatisfied, the complainant filed a First Appeal dated 07.11.2023. The FAA vide its order dated Nil, held as under.
A. I have gone through the RTI Application dt 8.10.2023 wherein the Appellant had sought information wrt amounts of grants and loans credited to CERC Fund during 2004-05 and 2005-06; dates of such credit; evidence to support, copies of sanctions issued by Ministry of Power for such grants and loans, details of bank accounts where grants and loans were deposited during 2004-05 and 2005-06 and copy of CERC Miscellaneous Provisions Order of 1999 dt 9.10.1999 Page 8 of 17 B. In response to the above queries, the CPIO vide his letter dated 2.11.2023 transferred the applications to points (i) to (iv) to Ministry of Power as the said information was not available in CERC. CPIO denied information for query (v) as not being available and provided the document wrt CERC Miscellaneous Provisions Order with corrected date of 27.8.1999.
C. In his appeal, the appellant has stated that CPIO has transferring RTI for certain points to Ministry of Power beyond the stipulated period of 5 days in violation of the RTI Act. Additionally, he has sought for information which has been denied by CPIO and also asking for reasons for CPIO denying information.
D. As per Section 7(8) of the Act, "Where a request has been rejected under sub- section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request, (i) the reasons for such rejection". In this matter, CPIO has given the reasons of rejection of the request. as "Relevant record is not available". Hence, no appeal lies in further seeking reasons for rejection. The CPIO can only provide details of available information. E. Wrt delay by CPIO in transferring the RTI Application to Ministry beyond the time limit of 5 days, Section 6 (3) of the RTI Act stipulates "Where an application is made to a public authority requesting for an information,
(i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application. ". Hence, CPIO, CERC is directed to adhere to the timelines given in the RTI Act and transfer such applications within the timeframe prescribed F. In view of the above, the appeal is disposed off.
CIC/CERCO/C/2024/601818 Information sought:
The Complainant filed an RTI application dated 03.11.2023 seeking the following information:Page 9 of 17
2. In respect of above 3 bank accounts, 1 opened with Bank of India and 2 opened with Corporation Bank, provide following information for beach of these 3 bank accounts-
(i) Date of opening, (ii) Account No and (iii) Date of closing
3. CERC in affidavit sworn on 27.09.2023 (date mentioned as 28.09.2023 in Index of affidavit) filed before Honorable Delhi High Court in Civil Writ Petition No 4473/2021 (KS Dhingra Vs Union of India and others, wherein CERC is impleaded as Respondent No 7), has stated that CERC opened CERC fund Accounts and operationalized the same with effect from 01.10.2004. As the affidavit uses the term CERC fund Accounts in plural, CERC would have opened and operationalized more than on CERC fund Account. The affidavit verifies that contents of the affidavit are true and correct as per records maintained by Respondent No 7. Therefore, information being sought in regard to CERC fund Accounts in the following Para is available in records with CERC, otherwise affidavit may prove to be false.
4. Based on records as per Para 3 above, you are requested provide following information-
(i) No of CERC fund Accounts opened and operationalized with effect from 01.10.2004.
(ii) Names of banks with which CERC opened CERC fund Accounts and operationalized with effect from 01.10.2004.
(iii) Account No of each of the CERC fund Accounts opened and operationalized with effect from 01.10.2004.
(iv) Amounts deposited in each of the CERC fund Accounts during 01.10.2004 to 31.03.2005 and 01.04.2005 to 31.03.2006.
(v) Copies of bank account statements in respect of each of the CERC fund Accounts opened and operationalized with effect from 01.10.2004 for the period 01.10.2004 to 31.03.2005 and 01.04.2005 to 31.03.2006.
5. In RTI Request No CERCO/R/E/23/00184, I had requested for a copy of the Central Electricity Regulatory Commission (Miscellaneous Provisions) Order, 1999 dated 09.10.1999. The date of the Order was wrongly mentioned as 09.10.1999, which was the date on which the Order was sent to Ministry of Power. As mentioned in the CERC Annual Report for the year 1999-2000, copy attached, Notification No of the Order was 70 and date was 30.08.1999.
6. Please provide a copy of the Central Electricity Regulatory Commission (Miscellaneous Provisions) Order, 1999, published in the Official Gazette as Notification No 70 dated 30.08.1999.
7. To sum up, kindly provide information as requested at Paras 2, 4 and 6.
Page 10 of 17The CPIO furnished a reply to the complainant on 30.11.2023 stating as under:
2. As per annual Accounts for the year 2004- 05 & 2005-06, the following bank accounts were operative in the name of CERC:-
Current Accounts:-
(i) BOI-10198 (ii) CORP. Bank -1502
Saving Accounts:-
(iii) BOI - 3695
(iv) CORP. Bank -17966
Records/details relating to opening and closing of above bank accounts are not available.
4. (i) to (iv): Same as above in reply to item No. 2.
As per Annual Accounts for the year 2005-06, four (04) bank accounts were operative in the name of CERC during 2004-05 & 2005-06 as per details given in respect of (2) above. Copy of relevant Schedule of Accounts showing balance in each bank account as on 31.05.2005 & 31.03.2006 is attached.
(v) Records/details related to bank statements are not available.
(6) & (7): Relevant records are not available.
Being dissatisfied, the complainant filed a First Appeal dated 13.12.2023. The FAA vide its order dated 10.01.2024, held as under.
A. I have gone through the RTI Application dt 3.11.23 wherein the Appellant had sought information wrt date of opening, account number and date of closing of 3 bank accounts of CERC i.e. 1 in Bank of India and 2 in Corporation Bank. He has also sought information wrt number of CERC funds accounts w.e.f 1.10.2004, banks in which such accounts were opened, amounts deposited for a specific period, copies of bank statements for specified period, copy of CERC Misc Order 1999. B. In response to the above queries, the CPIO vide his letter dated 3.11.23 provided information wrt the accounts of CERC with Bank of India and Corporation bank but did not provide data wrt account opening and closing as the same was not available. The same information was given wrt CERC fund accounts along with copies of schedule of accounts, though bank statements were not available. Wrt copy of CERC Misc Order 1999, the CPIO has informed that the records are not available. C. In his appeal, the appellant has stated that CPIO has provided vague information/ no information D. As per Section 7(8) of the Act, "Where a request has been rejected under sub- section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request, (i) the reasons for such rejection". In this matter, Page 11 of 17 CPIO has given the reasons of rejection of the request as "details records are not available ". Hence, no appeal lies in further seeking reasons for rejection. The CPIO can only provide details of available information. E. În view of the above, the appeal is disposed of.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaints.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Not Present.
Respondent: Shri Sachin Kumar, Deputy Chief (Admn.) & CPIO and Shri Vinod Kumar Jha, ASO present in person.
The Complainant vide his e-mail had informed the Registry of this Bench that he was unable to attend the hearing but has annexed his written submissions. The Complainant was informed that no written submissions were found enclosed with his e-mail and he was asked to upload the same on Commission's portal but the same was not uploaded by the Complainant till the time of hearing.
Written submissions of the Respondent are taken on record and the same is reproduced hereinbelow:
"At the outset, it is submitted that as per the provisions of the RTI Act. 2005 the CPIO has provided all the available information sought by the complainant in each RTI application, even though the information sought was related to old records pertaining to FY 2003-04, 2004-05, 2005-06 and 2006- 07. As such, the allegations in the written submissions are completely untenable, misconceived and denied in their entirety.
Brief Background
2. It is submitted that the underlying issue in the six complaints pertain to the case of downward revision of pension of the complainant/Shri K.S. Dhingra by Ministry of Defence (MoD). Shri Dhingra came on deputation to CERC as Joint Chief (Legal) from Armed Forces Headquarters (AFHQ) on 08.06.1999.
Subsequently, Shri Dhingra submitted his technical resignation from the AFHQ Page 12 of 17 on 6th June, 2004 and was absorbed in CERC with effect from 7th June, 2004. With regard to pension and other benefits, Shri Dhingra opted to receive pro- rata retirement benefits from MoD for the service rendered up to the date of absorption in the CERC, i.e. till 6th June, 2004 and accordingly, the pension and other benefits were fixed by the MoD. Subsequently however, MoD discovered that the pension and other benefits were wrongly fixed by them and MoD ordered for downward revision of the pension of Shri Dhingra. In the subject matter, Shri Dhingra filed an OA. No. 817/2020 before Hon'ble Central Administrative Tribunal (CAT), which was dismissed by the CAT vide order. dated 29.01.2021. Being aggrieved with the said order, Shri Dhingra filed a Writ Petition before the Hon'ble High Court of Delhi bearing No. 4473/2021, which has been disposed of vide order dated 31.05.2024, upholding the order of MoD for downward revision of pension of Shri Dhingra.
3. It is respectfully submitted that Shri Dhingra has so far filed around 50 RTI applications before CERC seeking voluminous information in each of the RTI applications. As per the provisions in the RTI Act, the CPIO has provided all the available information to the complainant in each RTI application. Moreover, CPIO has also facilitated Shri Dhingra for inspection of documents on numerous occasions whereby the information marked by him was duly provided in compliance with RTI provisions.
6. The complaint-wise reply to the above complaints is as under.
Sr. COMPLAINT No. REPLY
No.
1. Complaint No. The information available with CERC was
CIC/CERCO/C/2023/ provided to the applicant/Shri K.S. Dhingra
627300 in respect of RTI 2. As per FAA's orders, the applicant was No. CERCO/R/E/23/ informed that "the matter has been re-
00042 dated 5 March examined. It is noted that copies of all 2023 available records pertaining to CERC's reference to Ministry of Power and their reply (ies) thereto, as requested by you, have already been provided to you vide CERC's letter of even number dated 3 April 2023.
CERC has no further information to furnish"
Page 13 of 173. The complainant was also given an opportunity to visit CERC office for inspection of records, however, the complainant did not avail the same.
2. Complaint. No The complainant had sought the basis about CIC/CERCO/C/2023/ remittance of pension/leave salary 629936 in respect of RTI contribution and issuance of letters to MoD No. CERCO/R/E/ etc. 23/00071 19th April 2. Copy of reply, which is self-explanatory, is 2023 attached as Annexure 'A'.
3. The first appeal of the complainant was disposed of by FAA without any directions to CPIO.
3. Complaint No. The information as available in the concerned CIC/CERCO/C/2023/ Division for the period 2004-05 2005-06 and 654951 in respect of RTI 2006-07, was provided to the complainant No. CERCO/R/E/23/ vide letter dated 21.9.2023 00158 dated 25th 2. However, the information sought for the FY August 2023 2003- 04 was not available.
3. The above position was again clarified to the complainant with reference to the FAAs order
4. Complaint No. The information as received from Accounts CIC/CERCO/C/2024/ Division pertaining to drall CERC Fund and the 600103 in respect of RTI manner of application of the Fund, Rules 2004 No. CERCO/R/E/23/ and MoP letter 00175 dated 19th dated 24.09.2004 were provided to the RTI September 2023 Applicant
2. Other information being not available with CERC could not be provided.
5. Complaint No. The information as received from Accounts CIC/CERCO/C/2024/ Division pertaining to CERC (Miscellaneous 600325 in respect of RTI Provisions) Order 1999 was provided to the RTI No.CERCO/R/E/23/00184 Applicant.
dated 8th October 2023 2. Other information being not available with CERC, could not be provided.
3. The first appeal of the complainant was disposed of without any directions to the CPIO.
However, CPIO was advised to adhere to the time limits given in the RTI Act and transfer such applications within the timeframe prescribed. In this connection, it is submitted Page 14 of 17 that the relevant information for the FY 2004- 05 and 2005-06 related to accounts/budget where. it was subsequently discovered that being old records, part of the information sought could not be traced. Therefore, the application was transferred to Ministry of Power on the advice of the concerned Division.
As such, at the time of receipt of application, CPIO was not aware that any part of the application pertained to Ministry of Power.
6. Complaint No. The information sought related to annual CIC/CERCO/C/2024/ accounts of CERC for the FY 2004-05 & 2005- 601818 in respect of RTI 06 and bank accounts operated by CERC No. during the said period. The relevant CERCO/R/E/23/00193 information viz. 1) bank account details and 2) dated 3rd November schedule of accounts for the above period was 2023 provided, as available
2. The first appeal of the complainant was rejected by FAA without any directions to the CPIO Note: Reg. Serial no. 3 to 6, the complainant asked for information pertaining to accounts/budget for the period 2003-04 to 2006-07 repeatedly. Being old records, the records as available were provided.
7. As detailed above, the requisite information in each of the referred RTI was provided to the complainant in consultation with all concerned within the stipulated timeframe under RTI Act. Notwithstanding the due compliance to RTI provisions as detailed above, Shri Dhingra has filed the present complaints levelling uncalled for allegations against CPIO and FAA. On the basis of the submissions as above, the allegations in the complainant lacks merit and needs to be rejected."
The Respondent submitted that complete point-wise reply/information, as per the documents available on record has been provided to the Complainant as per his above-mentioned RTI applications. The replies and written submissions of the Respondent were seen during the hearing.
Page 15 of 17With respect to file No. CIC/CERCO/C/2023/627300, the Respondent apprised the Commission that no such letter dated 29.07.2003 is available in their records.
With respect to file No. CIC/CERCO/C/2023/654951, the Respondent apprised the Commission that the order of the First Appellate Authority was complied by the CPIO vide their letter dated 02.11.2023.
Decision The Commission based on a perusal of the facts on record observes that the core contention raised by the Complainant in the instant Complaints was non- receipt of information from the Respondent. On the other hand, the Respondent contended that complete point-wise reply/information as per documents available on record has been provided to the Complainant on his above-mentioned RTI applications within stipulated period as per the provisions of the RTI Act.
Now, being Complaints under Section 18 of the RTI Act, the facts of the case do not warrant any action under Section 18(2) of the RTI Act against the CPIO as it does not bear any mala fides or an intention to deliberately obstruct the access to information as alleged by the Complainant. Here, it is relevant to quote a judgment of the Hon'ble Delhi High Court in the matter of Registrar of Companies & Ors v. Dharmendra Kumar Garg & Anr. [W.P.(C) 11271/2009] dated 01.06.2012 wherein it was held:
" 61. It can happen that the PIO may genuinely and bonafidely entertain the belief and hold the view that the information sought by the querist cannot be provided for one or the other reasons. Merely because the CIC eventually finds that the view taken by the PIO was not correct, it cannot automatically lead to issuance of a show cause notice under Section 20 of the RTI Act and the imposition of penalty. The legislature has cautiously provided that only in cases of malafides or unreasonable conduct, i.e., where the PIO, without reasonable cause refuses to receive the application, or provide the information, or knowingly gives incorrect, incomplete or misleading information or destroys the information, that the personal penalty on the PIO can be imposed...."Page 16 of 17
However, taking the contentions of the Complainant as stated in his complaints and taking liberal view in the matter and also as volunteered by the Respondent, the Commission advises the PIO to facilitate an opportunity of inspection of the available and relevant records as sought in the above- mentioned RTI applications to the Complainant on a mutually decided date & time within six weeks. The intimation of the date and time of the inspection shall be provided to the Complainant by the PIO telephonically and in writing. In the process of facilitating the inspection and providing subsequent copies of the record, the PIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act.
Copy of documents that the Complainant desires during the inspection shall be provided by the PIO on payment of requisite fees as per RTI Rules.
No further relief can be granted in the matter.
The above-mentioned complaints are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Central Electricity Regulatory Commission, 36, Chander Lok Bullding, Upper Ground Floor, Janpath, New Delhi - 110001.Page 17 of 17
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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