Central Information Commission
Vimla Gupta vs Nuclear Power Corporation Of India on 23 December, 2021
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
िशकायतसं ा / Complaint No. CIC/NPCOI/C/2019/652442
Ms. Vimla Gupta िशकायतकता/Complainant
/Complainant
VERSUS/बनाम
PIO, Nuclear Power Corporation of India Ltd. ... ितवादीगण /Respondent
Through: Shri S K Srivastava - CPIO/AGM;
Smt. Surabhi - APIO and Shri Satish Sharma -
AGM(Vig.)
Date of Hearing : 22.12.2021
Date of Decision : 23.12.2021
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from complaint:
RTI application filed on : 29.06.2019
PIO replied on : 11.07.2019
First Appeal filed on : 22.07.2019
First Appellate Order on : 17.09.2019
nd
2 Appeal/complaint dated : -
Information soughtand background of the case:
The Complainant filed an online RTI application dated 29.06.2019 seeking the following information:-
The CPIO sent an online reply dated 11.07.2019 and replied as under:-
under:Page 1 of 3
Dissatisfied with the reply from the CPIO, the Appellant filed a First Appeal dated 22.07.2019. The FAA vide order dated 17.09.2019 upheld the reply of the CPIO.
Aggrieved and dissatisfied,, Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
A written submission has been received from CPIO CPIO, NPCL vide letter dated 20.12.2021, relevant excerpts whereof are as following:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, 19, hearing was scheduled through video conference after giving prior notice to both the parties. Respondent alone attended the hearing through video conference, while the Complainant remained absent and has not communicated any reason for her absence, to the Commission. During the course of hearing, the Respondent stated that Smt. Vimla Gupta's husb husband - Shri Mohan M Lal Gupta had been filing number of similar RTI Applications seeking myriad information about Shri V K Gupta and many cases had been adjudicated by erstwhile Benches of the Commission. The background of these queries was matrimonial dispute e between the children of Shri V K Gupta and Shri M L Gupta-Smt. Smt. Vimla Gupta. The Respondent added that Shri V K Gupta has Page 2 of 3 retired now from NPCL and information as permissible under the RTI Act, had always been provided to the Appellant.
Decision In the light of aforementioned discussions, on perusal of records, it was found that the Respondent's averments about numerous cases filed by Shri Mohan Lal Gupta against Shri V K Gupta is correct. At least 11 decisions on similar subject matters and between Shri Mohan Lal Gupta and the Respondent - NPCIL is found readily available in public domain. However, the Commission refrains from deciding the instant case on the basis of the past records, though the Complainant is not present to buttress her case.
Perusal of records of the complaint at hand reveals that information as permissible under the provisions of the RTI Act, had been furnished by the Respondent. Thus no cause of action subsists for adjudication of the complaint. Before concluding the decision, it is pertinent to point out that the Respondent must quote the relevant provision of the RTI Act for denial of information and justify its applicability, in future.
The case is decided with the above observations.
Y. K. Sinha (वाई.. के. िस ा) Information Commissioner((सूचनाआयु ) Authenticated true copy (अिभ मािणतस ािपत ित) S. K. Chitkara (एस. के. िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3