Central Information Commission
Harsh Mohan Gupta vs Ministry Of Micro, Small And Medium ... on 30 March, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Appeal No. CIC/BS/A/2016/000817+000818/MP
Appellant : Shri Harsh Mohan Gupta, Bhubneshwar
Public Authority : National Small Industries Corporation Ltd., Kolkata
Date of Hearing : March 24, 2017
Date of Decision : March 29, 2017
Present:
Appellant : Shri Sujeet Patnaik, Appellant's representative through
VC
Respondent : Shri Vinod Gupta, APIO & Manager
RTI application : 18.03.2015
CPIO's reply : 11.06.2015
First appeal : 10.07.2015
FAA's Order : N.A.
Second appeal : 18.02.2016
ORDER
1. Shri Harsh Mohan Gupta, the appellant, sought total amount payable by NSIC to M/s Tirupati Conductors (P) Ltd. against all PoS issued by NSIC; bill wise details of outstanding amount with NSIC and details of security deposit of M/s Tirupati & Conductors (P) Ltd.
2. Not having received any reply from the CPIO, the appellant approached the FAA. The FAA also does not appear to have adjudicated in the matter. Later, however, the CPIO intimated the appellant that the matter was sub-judice, hence information could not be provided. Being aggrieved, the appellant came in appeal before the Commission stating that required information had not been provided by the CPIO.
3. The matter was heard by the Commission. The appellant stated that the information sought had not been provided by the CPIO.
4. The respondent stated that since the matter was sub-judice in different courts and all the related documents were submitted before the courts, the appellant could seek the information/documents from the courts.
5. The Commission observes that the information was denied stating that the matter was sub-judice before the courts. It is clarified that the RTI Act provides no exemption for sub- judice matters unless the disclosure of the information has been expressly forbidden by a Court or a Tribunal. The Commission directs the CPIO to revisit the RTI application and provide the information, subject to exemptions in Section 8 of the RTI Act within 15 days from the date of receipt of this order. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to:
Appellant Shri Harsh Mohan Gupta W/o Shri Subhash Chandra Gupta, Gupta Niwas, Cuttak Road Bhubneshwar-751006 The Central Public Information Officer National Small Industries Corporation Ltd. 20B, Abdul Hamid Street, 7th Floor Kolkata-700069 The First Appellate Authority National Small Industries Corporation Ltd. 20B, Abdul Hamid Street, 7th Floor Kolkata-700069