Central Information Commission
Mr.N Asha vs Department Of Atomic Energy on 30 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002930/16668
Appeal No. CIC/SG/A/2011/002930
Relevant facts emerging from the Appeal:
Appellant : Smt. N. Asha
No. 1, 5th Street,
Kalpakkam - 603102,
Kancheepuram Dist.,
Tamilnadu
Respondent : Mr. S. K. Srivastava
Public Information Officer & Dy. Chief Engineer (Pr.) Department of Atomic Energy Nuclear Power Corporation of India Limited, 11-S-22, Vikram Sarabhai Bhavan, Central Avenue Road, Anushaktinagar, Mumbai - 400094 RTI application filed on : 26/07/2011 PIO replied on : Not Mentioned First Appeal filed on : 01/09/2011 First Appellate Authority order of : 03/10/2011 Second Appeal received on : 10/10/2011 The information sought: The Appellant wants to information about:
1. Provide the certified and signed copy of the No objection Certificate issued by Competent Authority, NPCIL, to Shri K.Suresh, QA Superintendent, Madras Atomic Power Station, Kalpakkam and to Shri. M.Ganesán, Drawing office in Charge, Madras Atomic Power Station kalpakkam to function in the Sub Committee Chairman and Member constituted by the Special. officer, Atomic Energy Employees Consumers Co-operative Stores Limited G.2160, Kalpakkam.
2. Provide the certified and signed copy, of the dairy action taken report on the petition filed by Shri K.Nedunchelian against the Chairman of the Sub-Committee and member (Shri.K.Suresh and Shri. M.Ganesan) addressed to Station Director, Madras Atomic Power Station for conducting the enquiry in violation at Natural Justice.
3. Provide the certified and signed copy at the competent authority, NPC order detailing the authority Name, Designation, Address and position in the NPCIL., to whom complained against the misuse of enquiry procedure' done by SM. K.Suresh, QA Superintendent and Shri.M.Ganesan, Drawing office in charge, MAPS.
4. Provide the certified and signed copy of the competent authority of NPCIL, rules/order permitting NPCIL/MAPS officials to function as enquiry authority in the State Government Co-operative Department managed Employees consumers Co-operative Stores.
5. If no such rule/order competent authority order existing in allowing NPCIL/MAPS officials to function as enquiry authority, provide the certified and signed copy of under what rule provision such officials have been functioning in the enquiry committee.
6. Provide the certified and signed copy of the permission sought by Shri.K.Suresh, QA Superintendent, MAP and Shri.M.Ganesan, Drawing office in charge, MAPS to participate in the proceedings ordered by the Special Officer, Atomic Energy Employees Consumers Co-operative Stores Limited, Kalpakkam. (Head RCS, ROMG,IGCAR, Kalpakksm.
7. Provide the certified and signed copy of the disciplinary action taken against the sub-committee chairman Shri K. Suresh, QA Superintendent, MAPS and member Shri.MGanesari drawing office in charge, MAPS, if not deputed by NPCIL but functioning as enquiry authority in their personal capacity.
PIO reply:
Appellant has not been received any reply form PIO.
Grounds for the First Appeal:
The appellant was received an unsatisfactory reply from the PIO.
Order of the First Appellate Authority (FAA):
" 1. Smt. N. Asha vide her two letters dated 25-07-2011 had requested CPIO, NPCIL the information regarding NOC issued to Shri K. Suresh, QA, MAPS and Shri N. Ganesan, MAPS and copies of all records of file No. NPCIL/HQI. SM(VT)E-166/2009 dated 04-03-2010, etc.
2. CPIO, vide his letters No.NPCIL/VSB/CPIO/1192/MAPS/2011/909 dated 13.9.201 has provided the information to the Appellant and in other case has transferred her request to CPIO, GSO, Kalpakkam vide his letter No. NPCIL/VSB/CPIO/1193/HQ/2011/988 dated 27.9.2011.
3. Srnt. N. Asha now preferred an appeal before the first Appellate Authority side her letter dated 1.9.2011 for not providing the information by CPIO.
4. CPJO, NPCIL has already provided the information vide his letter No.NPCIL/VSB/CPIO/1192/MAPS/2011/909 dated 13.9.201 and in another case transferred her request to CPIO, GSO, Kalpakkarn vide his letter No. NPCIL/VSB/CPIO/1193/HQ/2011/988 dated 27.9.2011.
Ground of the Second Appeal:
The applicant is not satisfied with the PIO reply and unsatisfactory order was passed by the First Appellate Authority.
Relevant Facts emerging during Hearing:
The following were present Appellant: Smt. N. Asha on video conference from NIC-Kancheepuram Studio; Respondent: Mr. S. K. Srivastava, PIO & Dy. Chief Engineer (Pr.) on video conference from NIC-
Mumbai Studio;
The Appellant has sought certain information which is held by Atomic Energy Employees Consumers Stores Ltd. The PIO states that since the information is held by the said cooperative society and information is not available with the Department they have not been able to provide the information. As per the submissions of the PIO it appears that the cooperative society has been given place and other facilities by the Department to service the employees of the department. From the deposition of the PIO it appears that the said cooperative society is substantially funded by the Government in which case the said society is also a public authority as defined under Section 2(h) of the RTI Act. The said society also is required to have its own PIO. The Commission therefore directs the PIO to transfer the RTI application to the PIO of the said cooperative society before 10 January 2012.
As regards query-2 the PIO is directed to provide the action taken on the letter of the Appellant to the Station Director. If no action has been taken this should be stated.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information on query-2 to the Appellant as directed above before 20 January 2012 The PIO of Atomic Energy Employees Consumers Stores Ltd. to provide the information as per available records to the Appellant as per the provisions of the RTI Act. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 30 December 2011 (In any correspondence on this decision, mention the complete decision number.)(AS)