Central Information Commission
Mrmohammed Samdani Shaik vs Rural Electrification Corporation ... on 1 August, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi110066
F. No.CIC/YA/A/2015/901731
Date of Hearing : 01.08.2016
Date of Decision : 01.08.2016
Appellant/Complainant : Shri Mohd. Samdani Shaik, Chennai
(T.N.)
Respondent : CPIO, Rural Electrification Corp. Ltd. Delhi
Through:
Mr. Sunil Bajaj, APIO & AM(Law)
Mr. Neeraj Sharma, Manager
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 23.03.2015
PIO replied on : No reply
First Appeal filed on : Date not mentioned
First Appellate Order on : No order passed
2nd Appeal/complaint received on : 22.06.2015
Information soughtand background of the case:
The appellant vide RTI application dated 23.03.2015 sought information regarding Detailed Project Reports that duly approved and have been sanctioned by the Monitoring Committee of Ministry of Power.
CPIO did not respond to the RTI application. The appellant preferred first appeal but the same remained unheard. Feeling aggrieved the appellant approached the Commission.
Relevant facts emerging during hearing:
The appellant did not appear for the hearing. The Respondents appeared and submitted a written note dated 28.07.2016 stating that the CPIO had responded vide reply dated 06.04.2015 which inadvertently did not reach the Appellant. Perusal of the letter dated 06.04.2015, attached with the submission reveals that the CPIO had denied the Detailed Project Reports stating that they are property of the respective State Govts./ Implementing agency and hence copies thereof may be availed from the concerned State Govt/Implementing Agency. During the course of advancing their submissions, the Respondent has submitted that they do not own the Detailed Project Reports which actually belong to the State Govt/Implementing agencies, but they do hold copies of the same. Each DPR runs into 4050 pages and contain confidential data of the Implementing agency including GPS coordinate, Line diagram, technology viability, cost breakup estimate etc. The confidentiality aspect could be compromised in the event that such information is made open to public and hence exemption from disclosure has been sought invoking Section 8 (1)(d) of The RTI Act. Moreover, the Respondents have sought exemption from disclosure since the information sought is voluminous in nature.
Decision:
After hearing parties and perusal of a DPR, the Commission finds that contents of the DPR indeed include SOME confidential information relating to specifications, cost breakup estimate, technological viability etc. of a particular project. Since the information pertains to the specific Implementing agency therefore they are the owner of such information while the Respondent is merely the custodian and hence such information cannot be parted by the Respondent at will, without consulting the Implementing agency. No case of larger public interest in seeking such detailed and confidential information about three of the Implementing Agencies has been made out by the appellant. Perusal of the RTI application reveals that the appellant has sought ".....ONE copy of DPR per EACH district of EACH of the THREE implementing agencies APNPDCL, CREDA and MPUVNL.........and ATLEAST EIGHT copies of DPR in total..." The query is not specific and too voluminous in nature. Disclosure of the information sought by the appellant will certainly disproportionately divert the resources of the public authority. In any case, the appellant is not present to canvass his case. Hence the Commission is of the opinion that no further action is required in this case.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to: Central Public Information Officer under RTI First Appellate Authority under RTI Nodal Officer - RTI Cell, Executive Directo (Admn./Ren.) & FAA, Rural Electrification Corporation Ltd., Rural Electrification Corporation Ltd., MTNL Building, 3rd Floor, MTNL Building, 3rd Floor, Core No.-4 & 5, Scope Complex, Core No.-4 & 5, Scope Complex, 7, Lodhi Road, New Delhi-110003. 7, Lodhi Road, New Delhi-110003.
Mohd. Samdani Shaik House No.-1, Street No.-3, Seva Nagar, Gandhi Road, Velacherry, Chennai (Tamil Nadu).