Central Information Commission
Champak Banerjee vs Bird Group Of Companies on 15 May, 2020
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No. CIC/BDGOC/A/2018/633756
Champak Banerjee ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Orissa Minerals ...प्रनतवािी/Respondent
Development Co. Limited, Kolkata.
Relevant dates emerging from the appeal:
RTI : 10-07-2018 FA : 22-08-2018 SA : 11-10-2018
CPIO : 09-08-2018 FAO : Not on Record Hearing: 13-05-2020
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Orissa Minerals Development Co. Limited, Kolkata seeking following information:-
1. "Date up to which OMDC was an Indian Non-Government Company as per the provisions of Section 617 of the Companies Act, 1956.
2. The effective date from which OMDC became a Government Company as per the provisions of Section 617 of the Companies Act, 1956."
2. The CPIO responded on 09-08-2018. The appellant filed the first appeal dated 22-08-2018 which was not disposed of by the first appellate authority. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.
Hearing:
3. The appellant, Mr. Champak Banerjee attended the hearing through video conferencing. Mr. Ashish Srivastava, Dy. Manager participated in the hearing Page 1 of 3 representing the respondent through video conferencing. The written submissions are taken on record.
4. The appellant stated that the sought for information should be provided to him.
5. The respondent reiterated their reply dated 09-08-2018 as follows:-
"The information sought by the appellant is exempted u/Sections 8(1)(e), 8(1)(g) and 8(1)(h) of the RTI Act, 2005."
Decision:
6. This Commission observes that the CPIO has mechanically replied to the appellant without applying his mind with regards to the content of the RTI application and therefore, he is hereby issued a warning for future to be careful and not to contravene the provisions of the RTI Act, 2005. In this context, this Commission refers to the decision dated 04-08-2011 rendered by the Hon'ble High Court of Delhi in J. P. Agrawal v. UOI and Ors., [W.P. (C) 7232/2009], whereby the role and responsibility of the CPIO has been aptly discussed as under:-
"8...The PIO is expected to apply his/her mind, duly analyse the material before him/her and then either disclose the information sought or give grounds for non-disclosure."
7. Furthermore, this Commission observes that the information pertaining to the effective date from which the OMDC became a government company cannot be characterized as the exempted information. Moreover, this information is official in nature and therefore, no harm would be caused if it is made public. In view of this, the CPIO is directed to provide the sought for information to the appellant as per their available records, within a period of 15 days from the date of receipt of this order.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta (नीरज कु मार गुप्ता) Information Commissioner (सूचना आयुक्त) दिनांक / Date:13-05-2020 Authenticated true copy (अनिप्रमानित सत्यानपत प्रनत) S. C. Sharma (एस. सी. शमाग), Dy. Registrar (उप-पंजीयक),(011-26105682) Page 2 of 3 Addresses of the parties:
1. The CPIO, The Orissa Minerals Development Co. Limited, Manager (Pers.) & Nodal CPIO, RTI Cell, Regd.
Office: AG- 104, "Sourav Abasan", 2nd Floor, Salt Lake City, Sector-II, Kolkata, W. B.-700091"
2. Mr. Champak Banerjee Page 3 of 3