Central Information Commission
Adv Adarsh S vs Spices Board on 5 January, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/SPIOB/A/2021/635424
Adv Adarsh S ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Spices Board, RTI Cell
Sugandha Bhawan, N.H. By Pass,
P.B. No. 2277, Palarivattom.
P.O, Cochin, Kerala-682025. .... ितवादीगण /Respondent
Date of Hearing : 03/01/2023
Date of Decision : 03/01/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 01/02/2021
CPIO replied on : 16/03/2021
First appeal filed on : 06/04/2021
First Appellate Authority order : 12/05/2021
2nd Appeal/Complaint dated : 08/08/2021
Information sought:
The Appellant filed an RTI application dated 01.02.2021 seeking the following information:
(a) Date wise complete details of fund transfer from Spices Board to Perfect Holidays (PERFECT HOLIDAYZ) from 2011 to till date.1
(b)If perfect Holidays (PERFECT HOLIDAYZ) is an approved institution of travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials) of Spices Board. If yes copy of the approval letter.
(c)Selection criteria for Perfect Holidays (PERFECT HOLIDAYZ) as an approved institution for travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials).
(d)Copy of the notification inviting for the selection of Institutions as travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials) Total number of applications from Kerala State.
(e) Total number of applications received for the selection of Institutions as travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials).
(f) Copy of the office order for appointing Perfect Holidays (PERFECT HOLIDAYZ) as an approved institution for travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials).
(g) Name of the Institutions approved by Spices Board for travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials).
(h) Tenure of Perfect Holidays (PERFECT HOLIDAYZ) is an approved institution for travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials)
(i) If the Tenure of Perfect Holidays (PERFECT HOLIDAYZ) is an approved institution for travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials) is over and extended to further period then give details of that extension and copy of the office order.
(j) Joining & relieving date of Mr. A Jayathilak IAS as Chairman of the Spices Board.
The CPIO furnished a point wise reply to the appellant on 16.03.2021 stating as under 2 Sl. Information required Reply No. A Date wise complete details of fund transfer from Spices Board As per rule Not to Perfect Holidays (PERFECT HOLIDAYZ) from 2011 to till Applicable as it date. is a third-party information.
RTI sec 8 (1)(j), 8(1)(d) B If perfect Holidays (PERFECT HOLIDAYZ) is an approved No institution of travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials) of Spices Board. If yes copy of the approval letter.
C Selection criteria for Perfect Holidays (PERFECT HOLIDAYZ) as Not Applicable an approved institution for travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials).
D Copy of the notification inviting for the selection of Institutions Not Applicable as travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials) Total number of applications from Kerala State.
E Total number of applications received for the selection of Not Applicable Institutions as travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials).
F Copy of the office order for appointing Perfect Holidays Not Applicable (PERFECT HOLIDAYZ) as an approved institution for travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials). G Name of the Institutions approved by Spices Board for travel No such arrangements (air travel, visas, stay and other travels and approval inbound and outbound training of the Spices Board officials). H Tenure of Perfect Holidays (PERFECT HOLIDAYZ) is an Not Applicable approved institution for travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of the Spices Board officials) I If the Tenure of Perfect Holidays (PERFECT HOLIDAYZ) is an Not Applicable approved institution for travel arrangements (air travel, visas, stay and other travels and inbound and outbound training of 3 the Spices Board officials) is over and extended to further period then give details of that extension and copy of the office order.
J Joining & relieving date of Mr. A Jayathilak IAS as Chairman of 04.07.2011 to
the Spices Board. 03.07.2016 as
Chairman,
Spices Board
04.07.2016 to
14.06.2018 as
Additional
Charge
Being dissatisfied, the appellant filed a First Appeal dated 06.04.2021. FAA's order dated 12.05.2021, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal on the ground of denial of information against para 'a' u/s. 8(1)(d) & (j) of RTI Act.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Bineshmon, Director & CPIO present through video-conference.
The CPIO reiterated the contents of his written submission dated 30.12.2022, relevant extracts of which are as under -
"...Background: Since inception Spices Board had not engaged any agency/ institution for making air travel arrangements. Spices Board is following the Central Government instructions for making travel arrangements by the employees for official tours. Employees themselves used to reserve/purchase their travel tickets(Air/Train etc.) in connection with official tours directly from Airlines or through travel agents. Payment was made by the Board directly to the official or to the air lines/agents concerned. Services of Travel agents viz., Kerala Travels, Dove Holidays, Cosmic Travels, Perfect Holidayz, Pricol Travels etc were also availed by the officials of Spices Board during the period. Further Spices Board has entered into an agreement with Air India on 29.03.2017 and directed all the officials who intend to travel by flight for their official journey both domestic and international, to intimate their travel 4 needs/itinerary to Head Office for booking air tickets from Air India wherever applicable. From 2022 onwards Officials of the Board are booking tickets through the three agents viz His Balmer Lawrie & company, M/s Ashok Travels & Tours and IRTC only.
xxx PIO had replied to the RTI application on 16.03.2021 by furnishing information to all the questions except questions 'a'. As per Section 8(1)j of the RT1 Act information which related to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public information Officer or the appellate authority, as the case may be, is satisfied that the larger public justifies the disclosure of such information.
As per Section 8(1)d, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.
Since the information(Question 'a') sought by Adv Adarsh regarding details of fund transfer made to M/s Perfect Holidays, pertains to personal information, which has no relationship to any public activity and which is also coming under commercial confidence, disclosure of which may harm the competitive position of a third party, the CPIO has not provided the information to the RTI applicant as per Section 8(1) j and 8(1) d of the RTI Act 2005..."
Decision:
The Commission upon perusal of records and after hearing submissions of the CPIO observes that the earlier reply of the CPIO was not very categorical as was discussed/stated by him during the hearing. While the Commission finds no reason to intervene into the merits of the availability of records as stated by the CPIO, but it was incumbent upon the CPIO to have informed the Appellant in writing in the manner it was explained by her during the hearing. Nonetheless, the reply provided by the CPIO now vide his latest written submission dated 30.12.2022 mentions all the facts brought out by the CPIO during the hearing which is in the consonance with the provisions of RTI Act, merits of which cannot be called into question.5
In view of the foregoing and considering the prayer of the Appellant, the Commission hereby directs the CPIO to provide a complete copy of her written submission dated 30.12.2022, free of cost to the Appellant within 2 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 6