Central Information Commission
Rajesh vs Ut Of Puducherry on 18 February, 2026
CIC/UTPON/A/2024/123873
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/UTPON/A/2024/123873
Rajesh ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, O/o. the Managing
Director, Puducherry
Distilleries Limited
CPIO: Directorate of
Industries &
Commerce (Govt. of
Puducherry), Puducherry ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 29.02.2024 FA : 01.05.2024 SA : 15.07.2024
CPIO : Not on record FAO : Not on record Hearing : 13.02.2026
Date of Decision: 13.02.2026
CORAM:
Hon'ble Commissioner
Shri P R Ramesh
ORDER
1. The Appellant filed an RTI application dated 29.02.2024 seeking information on the following points:
1. The executive and administrative powers of Managing Director, along with upto date amendments with copy of the Board 's approval for such amendments Page 1 of 8 CIC/UTPON/A/2024/123873
2. Specific powers of MD with regard to appointment/engagement of staff to the Pondicherry Distilleries Ltd.
3. The list of employees engaged on voucher payment / Daily rated employees alongwith their age, date of birth, address, educational/technical qualification, from the financial year 2015-2016 to till date along with the copies of the board's approval for such engagement
4. Kindly furnish the copies of the board's approval and copies of the file referred to govt. to rectify the appointments made after 2015 (for the appointments made by the Management without the consent of the govt.)
5. The orders issued by the Hon ble high court of Madras in W.P.NO.40172 OF 2015 AND WMP NO. 21578 OF 2016 has been implemented in Pondicherry Distilleries Ltd. If implemented the list of employees who are ousted out on the outcome of the said Hon ble high court Madras judgment
6. The list of promotions on all cadres and approval of the Board from the financial year 2015-2016 to till date
7. A copy of the orders issued by the Govt of puducherry during the year 2009 for the non-engagement of fresh engagements by any autonomous bodies/cooperative institutions
8. The list of engagement made by the PDL under voucher paid or daily rated basis against the orders at sl.no.7 as stated above, with their age, date of birth (on the date of engagement), their qualification, their address. Copies of the files referred to the govt. for ratification of such engagement. Copies of the advertisement/copies of the letter referred to employment exchange.
2. Having not received any response from the CPIO, the Appellant filed a First Appeal on 01.05.2024 FAA's order, if any, is not available on record.
3. PIO furnished reply dated 30.03.2024 as under:
Page 2 of 8CIC/UTPON/A/2024/123873 Please refer to your RTI Application dated 29.02.2024 and received by this organisation under I.D. No. 248 dated 02.03.2024. The information sought by the applicant is very vast and related to more than ten years. So, the applicant is hereby informed to inspect the available information/records in person after paying the necessary fee.
The applicant is also informed that he must bring his Identity proof during his personal appearance.
4. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal dated 15.07.2024.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Shri Rajam, PIO/Company Secretary
5. The Respondent while defending their case inter alia submitted that the relevant information has not been provided information sought by the applicant is very vast and related to more than ten years. Accordingly, inspection of the available information/records was offered to the Appellant after paying the necessary fee. A written submission dated 04.02.2026 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
"..2. Reply by the PIO The reply was issued within the stipulated 30-day timeline under Section 7(1) of the RTI Act, vide letter No. PDL/E1/RTI/REP/2024/167(a) dt. 30.03.2024 Considering the voluminous nature of the information (covering employee details, Board approvals, Government files, and court implementations over a decade), the applicant was informed that the records could be inspected in person after payment of the necessary fee, as permitted under Section 2(j) of the RTI Act, which includes the right to inspection.Page 3 of 8
CIC/UTPON/A/2024/123873 . The applicant was also advised to bring identity proof for verification during inspection.
The reply was dispatched thro' registered post with acknowledgment due (A.D.) to the address provided in the RTI application: Shri Rajesh S/o Ezhumalai, No. 2/93, Mariamman Koil Street, Kolathur Post, Tindivanam Taluk, Adasal, Villupuram (D.T.), Tamil Nadu 604 301.
However, the postal envelope was returned undelivered on 03.04.2024, marked as "Not Known" by the postal authorities. This suggests an issue with the address provided by the applicant (note slight variations in addresses across documents: e.g., No. 2/93 vs. No. 2/39 or 3/39 in the first appeal, CIC notice, and RTI application, and Kolathur vs. Kalathur in some instances).
Annexure 1: Copy of PIO reply dt.30.03.2024.
Annexure 2: Copy of returned postal envelope..
3. First Appeal The first appeal dt. 01.05.2024, was filed by the applicant before the First Appellate Authority (FAA)-cum-Secretary to Government (Industries), Chief Secretariat, Puducherry.
The appeal claimed no response from the PIO within the time limit and sought directions to furnish the information.
The appeal was forwarded to the Managing Director, PDL. (designated as FAA for PDL matters), by the Assistant Director & CPIO, Directorate of Industries & Commerce, vide letter dt. May 16, 2024.
A personal hearing was scheduled on 18.06.2024, before the FAA (Managing Director, PDL), as per notice No. PDL/AS/RTI/FA/PH/2024/301 dt. 12.06.2024. The notice was dispatched thro' registered post A.D. to the exact address provided by the applicant in the first appeal: Shri Rajesh S/o Page 4 of 8 CIC/UTPON/A/2024/123873 Ezhumalai, No. 2/39, Mariamman Koil Street, Kolathur Post, Tindivanam TK, Adasal, Villupuram, Tamil Nadu 604 301.
However, the applicant did not appear for the scheduled hearing, despite the notice being sent to the address he furnished. Consequently, no formal order was issued by the FAA, leading to a deemed rejection under Section 19(6) of the RTI Act after 45 days Annexure 3: Copy of first appeal.
Annexure 4: Copy of forwarding letter from Industries Department dt. 16.05.2024.
Annexure 5: Copy of hearing notice dt. 12.06.2024, and dispatch register entry confirming postal dispatch.
4. Position of PDL and Justification PDL has acted in good faith and in compliance with the RTI Act. The reply was timely, but undelivered due to postal return, which was beyond our control. The hearing notice for the first appeal was also sent to the applicant's provided address, yet he failed to appear, which has contributed to unnecessary prolongation of the matter before the Hon'ble Commission.
The information sought is extensive and involves sensitive personnel data (eg. employee lists with personal details like DOB, address, qualifications), Board minutes, Government files, and court orders spanning multiple years. Providing photocopies would entail significant effort and cost, potentially disrupting office functions (as per Section 7(9) of the RTI Act, information should not disproportionately divert resources).
Inspection was offered as a practical alternative, aligning with RTI provisions. PDL remains ready to 'provide the required information upon the Page 5 of 8 CIC/UTPON/A/2024/123873 applicant's personal visit and inspection of records at our office, subject to payment of the requisite fee and verification of identity.
No wilful delay or mala fide intent exists on PDL's part. The applicant's approach to the CIC appears to stem from the unresolved first appeal stage, where his non-appearance prevented further resolution.
5. Prayer It is humbly prayed that the Hon'ble Commission may:
(a) Take note of the factual position and dismiss the second appeal.
(b) Direct the applicant to inspect the records at PDL after paying the necessary fee, if he still requires the information.
(c) Pass any other orders as deemed fit in the interest of justice..."
Decision:
6. At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission dated 04.02.2026 along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
7. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the main premise of the instant Second Appeal is non- furnishing of information sought. It is also observed that a copy of reply sent to the Appellant was also returned back to the office of the Respondent. Further, the PIO during hearing again offered inspection of records to the Appellant. Accordingly, the CPIO is directed to afford another opportunity of inspection of relevant records to the Appellant on a mutually decided date and time within four weeks from the date of receipt of this order. Further, on the day of inspection, all relevant records must be brought at one place to facilitate inspection and not make the Appellant run around various departments of the Respondent Public Authority. Intimation of date and time should be sent to the Appellant Page 6 of 8 CIC/UTPON/A/2024/123873 well in advance in writing. Copy of records as may be desired by the Appellant be provided to him upon receipt of requisite fees as per RTI Rules. In doing so, PIO shall ensure that personal information of any third party or any other information which is exempted from disclosure under Section 8 or 9 of the RTI Act should not be disclosed and same should be reacted as per Section 10 of the RTI Act. The appeal is disposed of accordingly.
Copy of the decision be provided free of cost to the parties.
Sd/-
(P R Ramesh) (पी. आर. रमे श) Information Commissioner (सूचना आयु ) Authenticated true copy Vivek Agarwal (िववेक अ वाल) Dy. Registrar (उप पं जीयक) 011-26107048 Addresses of the parties:
1. PIO under RTI, O/o. the Managing Director, Puducherry Distilleries Limited-(PDL) (Govt. of Puducherry), R.S. No.-144 & 145, Ariyapalayam, Villianur, Puducherry-605110.
2. CPIO under RTI, Asst. Director & CPIO, Directorate of Industries & Commerce (Govt. of Puducherry), Industrial Estate, Huzuga Theatre, Thattanchavady, Puducherry-605009 (UT Puducherry).Page 7 of 8
CIC/UTPON/A/2024/123873 3 Rajesh Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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