Central Information Commission
K Ramachandraiah vs Central Warehousing Corporation on 2 January, 2023
CIC/CWCRP/C/2021/650612
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/CWCRP/C/2021/650612
In the matter of:
K Ramachandraiah ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Central Warehousing
Corporation, Regional Office
Bangalore LF-10, Circular Rd,
Saraswathipura, Adjacent To
RBI Quarters, Nandini Layout,
Bengaluru, Karnataka -560096
Relevant dates emerging from the Complaint:
RTI Application filed on : 30.12.2020
CPIO replied on : 23.01.2021
First Appeal filed on : 28.01.2021
First Appellate Authority order : 05.07.2021
Complaint received on : 25.10.2021
Date of Hearing : 30.12.2022
The following were present:
Complainant: Shri. K Ramachandraiah, participated in the hearing through
video conference from NIC Koramangala
Respondent: Smt. Sonali S. Gawai, Assistant General Manager, Central
Warehousing Corporation on behalf of CPIO Shri. Vishnu Wardhan M,
participated in the hearing through audio mode upon being contacted
telephonically
Page 1 of 7
CIC/CWCRP/C/2021/650612
ORDER
Information Sought:
The Complainant filed an RTI application dated 30.12.2020 seeking information on the following two points:
Shri. Shivanand Rai, Regional Manager - PIO, Central Warehousing Corporation, Bengaluru vide letter dated 23.01.2021, informed to the Complainant as under:Page 2 of 7
CIC/CWCRP/C/2021/650612 Being dissatisfied, the Complainant filed a First Appeal dated 28.01.2021. The First Appellate Authority vide order dated 05.07.2021, informed as under:Page 3 of 7
CIC/CWCRP/C/2021/650612 Grounds for Complaint:
The Complainant filed a Complaint u/s 18 of the RTI Act on the ground of unsatisfactory reply furnished by the Respondent. Complainant requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Complainant and Respondent during Hearing:
The Complainant submitted that he is not satisfied with the reply furnished by the Respondent with respect to the instant RTI Application and he is also not satisfied with the First Appellate Order.
The respondent submitted that a categorical reply with respect to the instant RTI Application has been furnished to the Complainant vide reply dated 23.01.2021 and the same has been upheld by the First Appellate Authority vide order dated 05.07.2021.
Upon being queried by the Commission to substantiate the stance taken by CPIO, the Respondent submitted that since the Regional Manager is the highest authority of the Regional Office and no records of his/her travel is maintained as the Regional Manager can go on tour within the State or outside the state depending upon the urgency of the work. She further added that since the Regional Manager takes up many responsibilities such as meetings and deliberations with various stakeholders/ministers/dignitaries where many confidential aspects are discussed. Further, the Regional Manager also goes on various field visits, audits, inspection, courtesy visits Page 4 of 7 CIC/CWCRP/C/2021/650612 and for preventive vigilance check along with the teams and as such details of his/her travel are very confidential and sensitive and furnishing the same is exempted under section 8(1)(d) of the RTI Act.
The Commission further queried the Respondent as to how voluminous will be the said information, to which the Respondent submitted that information sought pertain to period of 2017-2020, there might have been numerous visits within the said period and it will have to be collected and collated which will attract section 7(9) of the RTI Act.
Upon being further queried by the Respondent with respect to point 2 of the RTI Application, the Respondent submitted that bio-metric and attendance has been implemented for everyone including Group-A officers except for the Regional Manager. She further added that information with respect to tour programs cannot be furnished as the Appellant has not sought specific information with respect to tours and no such register has been maintained. Further, information with respect to movement register is not physically available as it is maintained on a digitalized online software wherein the employees can login and check their respective information.
A written submission has been received by the Commission from Smt. S. S. Gawai, Assistant General Manager, Central Warehouse Corporation, vide letter dated 26.12.2022, wherein the Commission has been apprised as under:
Page 5 of 7CIC/CWCRP/C/2021/650612 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker. Since the Respondent has provided adequate reply to the Complainant within the stipulated time frame and further the Respondent has furnished an elaborated explanation during hearing, so no mala-fide can be attributed against the Respondent. Hence, the Commission finds no further scope of intervention in the instant matter. With the above observations, the complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The complaint, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date : 02.01.2023 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 6 of 7 CIC/CWCRP/C/2021/650612 Addresses of the parties:
1. The First Appellate Authority (FAA) Central Warehousing Corporation, 4/1, Siri Institutional Area, August Kranti Marg, Hauz Khas, New Delhi - 110016
2. The Central Public Information Officer (CPIO) Central Warehousing Corporation, Regional Office Bangalore LF-10, Circular Rd, Saraswathipura, Adjacent To RBI Quarters, Nandini Layout, Bengaluru, Karnataka -560096
3. Mr. K Ramachandraiah Page 7 of 7