Central Information Commission
Mr.Altaf Ansari vs Ministry Of Steel on 31 October, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/LS/A/2013/001362/SS
Dated: 31.10.2013
Name of Appellant : Shri Altaf Ansari
Name of Respondent : Steel Authority of India Ltd.
Date of Hearing : 22.10.2013
ORDER
Shri Altaf Ansari, hereinafter called the appellant, has filed the present appeal dated 31.5.2013 before the Commission against the respondent Steel Authority of India Ltd. (SAIL), New Delhi not providing information in response to his RTI-application dated 26.3.2013. The appellant was absent whereas the respondent were represented by Shri G.G. Gautam, DGM(P), Shri Sandeep Tikku, DGM (Operations).
2. The appellant through his RTI application dated 26.3.2013 sought information on the following six queries: "(1) Copy of MOU/agreement signed by and between SAIL & FSNL for the year 2011-12/2012-13 for the work related to handling of slag/processing of scrap at BSP/BSL/ISP/RSP/DSP/VISL/ASP/SSP; (2) Copy of MOU/Agreement signed by and between SAIL & FSNL for the year 2013-14/2014-15/2015-16 for the work related to handling of slag/processing of scrap at BSP/BSL/ISP/RSP/DSP/VISL/ASP/SSP; (3) Copy of documents/ decisions adopted by SAIL Board to allow its units to appoint FSNL as contractor for year 2011-12 to 2016 on nomination basis; (4) Copy of documents/decisions adopted by SAIL Board to allow its units to appoint FSNL as contractor for year 2 Case No. CIC/LS/A/2013/001362/SS 2011-12 to 2016 on nomination basis bye passing CVC guidelines as issued from 2007 to 2016; (5) Copy of documents/decisions adopted by SAIL Board to allow its units to appoint FSNL as contractor for year 2011-12 to 2016 on nomination basis bye passing CVC guidelines as issued from 2008 to 2016 and also to permit SNL to engage Sub-Contractors or Engage Equipment's/ Labour on hire basis for the work awarded to FSNL on nomination basis; and (6) Copy of documents/decisions communicated by SAIL Headquarters to allow SAIL units to allow FSNL to appoint Sub-Contractors or Equipments/Labour hire agency for 2011-12 to 2016 for the work obtained on nomination basis bye passing CVC guidelines". The CPIO vide letter No. PERS/RTI/CO/13/1821 dated 15.4.2013 replied to the appellant as follows: "(1) Denied information under the provisions of Section 8(1)(d) of the RTI Act; (2) As per records, no such document exists; (3) to (5) As per records, no such document exists; (6) As per records no such document exists".
3. Aggrieved with the reply of the CPIO, the appellant filed first appeal on 25.4.2013 before the FAA. The FAA vide order No. PERS/RTI/CO/13/265 dated 14.5.2013 concurred with the reply of the CPIO.
4. In his appeal filed before the Commission, the appellant states that information on Point No. 1 of the RTI application has been denied u/s 8(1)(d) of the RTI Act and on Point No. 2 to 6 the CPIO informed that no such documents exists as per records. Section 8(1)(d) of the RTI Act states that the Public Authority may not be obliged to supply information regarding commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party. Here in the instant case, the PIO, SAIL could not make the difference between commercial nature and commercial confidence. Moreover, the MOU is in between two public authorities, so there cannot be anything of confidential in nature. In order to maintain transparency the CPIO should have supplied copy of MOU which would be in the larger public interest.
3 Case No. CIC/LS/A/2013/001362/SS5. The Commission during the hearing directed the respondent to file their written submissions with reasons and justification why information as sought for by the appellant at Point No. 1 of the RTI application is exempted under Section 8(1) (d) of the RTI Act. The CPIO vide letter dated 24.10.2013 filed point-wise submissions as follows:
• Point No. 1: An MOU was signed between SAIL and Ferro Scrap Nigam Ltd (FSNL) (A GOI Undertaking) for "Recovery/Processing and Handling of Iron, Steel Scrap and Slag" at integrated plants of SAIL for the period 1.10.2011 to 31.3.2013. The MOU has details of agreed rates for services between SAIL and FSNL. The matter was also referred to FSNL who have requested that as it is a matter of commercial confidence of GFSNL, it should not be disclosed. Other parties are carrying out similar work at SAIL plants; As the MOU sought contains information, like details of agreed rates for services which is a matter of commercial confidence, therefore, as per Section 8(1)(d) of the RTI Act, the requisite document may be exempted from disclosure;
• Point No. 2: As mentioned above at Point No. 1, the MOU between SAIL and FSNL is for the period 1.10.2011 to 31.3.2013. There is no MOU for the period beyond 31.3.2013. SAIL Integrated steel plants were communicated vide fax message dated 27.5.2013 that discussions are under progress with FSNL for renewal/extension of MOU to be valid from 1.4.2013 and were requested that existing arrangements with FSNL may be continued and extended suitably till finalization/renewal of the MOU between SAIL and FSNL; • Point No. 3: As mentioned above at Point No., 1, the MOU between SAIL and FSNL is for the period 1.10.2011 to 31.3.2013. There is no MOU for the period beyond 31.3.2013. SAIL Board in its 380th Meeting held on 28th March, 2012 approved the proposal for award of work for recovery/ processing and Handling of Iron, Steel Scrap and Slat at SAIL Integrated Steel Plants to FSNL on nomination basis for the period 1.10.201 to 31.3.2013 • Point No. 4 & 5: As already mentioned above, the MOU between SAIL and FSNL is for the period 1.10.2011 to 31.3.2013. There is no MOU for the period beyond 31.3.2013. SAIL Bard in its 380th Meeting held on 28.3.2012 approved the proposal for award of work for Recovery/Processing and Handling of Iron, Steel Scrap and Slat at SAIL integrated steel plants to FSNL on nomination basis for the period 1.10.2011 to 31.3.2013; The MOU contains the condition that the award of work to FSNL on nomination basis is subject to the condition that FSNL will undertake the entire job departmentally and no sub-contractor(s) shall be employed by FSNL;
• Point No. 6: No such decision has been communicated by SAIL Headquarters to SAIL Units.
6. Having considered the submissions of the parties the Commission is of the view that the information as sought for by the appellant at Point 1 of his RTI application attracts the provisions of Section 8(1) (d) of the RTI Act, disclosure of 4 Case No. CIC/LS/A/2013/001362/SS which would harm the competitive position of the third party. On remaining points the appellant is entitled to have categorical reply. In view of this the Commission hereby directs the CPIO to provide categorical reply on Point Nos. 2 to 6 of his RTI application to the appellant free of cost within two weeks of receipt of this order.
The matter is disposed of on the part of the Commission with above directions/observations.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Altaf Ansari, Plot No. 71/3, East Nehru Nagar, Bhilai, District Durg-490020 (CG).
The DGM(P)/CPIO, Steel Authority of India Ltd., 18th Floor, Scope Minar, North Tower, Core-1, Laxmi Nagar, Delhi-110092.
The ED (P&A)/FAA, Steel Authority of India Ltd., Ispat Bhawan, Lodhi Road, New Delhi-110003.