Central Information Commission
D Dhaya Devasdas vs Central Board Of Excise And Customs - ... on 12 January, 2017
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066
Decision No. CIC/SB/A/2016/000034
Dated 10.01.2017
Appellant : Dr. D. Dhaya Devadas,
1/580, 7th Street,
Verabathran Nagar,
Mambakkam Main Road,
Medavakkam, Chennai-600100.
Respondent : Central Public Information Officer,
O/o Assistant Commissioner of
Central Excise, C-50,
SIPCOT Industrial Complex,
Tuticorin-628 008.
Date of Hearing : 10.01.2017
Relevant dates emerging from the appeal:
RTI application filed on : 12.05.2015
CPIO's reply : 05.06.2015
First appeal filed on : 12.08.2015
FAA's order : 10.07.2015
Second Appeal filed on : 12.08.2015
ORDER
1. Dr. D. Dhaya Devadasfiled an application dated 12.05.2015under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO)/Assistant Commissioner, Central Excise, Tuticorin, seeking information on three points pertaining to M/s V.V. Minerals, including (i) details of Private Bonded Warehouse-wise, minerals-wise stock of Garnet, Ilmenite, Rutile, Zircon etc. available as on 08.08.2013 and 17.09.2013 and (ii) CIC/SB/A/2016/000034 Page 1 copies of monthly returns of mineral-wise inward receipt and outward movement of mineralsfrom August, 2013 to April, 2015.
2. The appellant filed a second appeal dated 11.12.2015 before the Commission on the grounds that the CPIO incorrectly denied the information under Section 8(1)(d) read with Section 11 of the RTI Act, 2005 on the ground that all the 11 third parties have submitted their objections to the information being provided andthat the First Appellate Authority (FAA)upheld the decision of the CPIO. The appellant requested the Commission to direct the CPIO and Assistant Commissioner, Central Excise, Thoothukudi to provide the information sought by him.
Hearing:
3. The appellantDr. D. Dhaya Devadashas sought exemption from personal appearance during the hearing vide an e-mail dated 06.01.2017 and requested the Commission to decide the case on merits. The respondent Shri E. Papanasam, Superintendent,Central Excise, Tuticorinhas attended the hearing through video conferencing.
4. The appellant vide his written submissions dated 06.01.2017 submitted that the information sought has been incorrectly denied by the CPIO on the ground of Section 8(1)(d) read with Section 11 of the RTI Act on the basis that all the 11 third parties have objected to the disclosure of the information. The appellant further submitted that the said information does not fall under Section 8(1)(d) read with Section 11 of the RTI Act and the CPIO has fraudulently suppressed the information. The appellant also stated that the matter pertains to illegal and unlawful smuggling of minerals and therefore, involves public interest.
5. The respondent submitted that the information sought by the appellant pertains to personal information of the third party concerned, disclosure of CIC/SB/A/2016/000034 Page 2 which would not serve any larger public interest. Hence, information sought is exempted from disclosure under Section 8(1)(d) read with Section 11 of the RTI Act. The respondent further submitted that same was informed to the appellant vide letter dated 05.06.2015.
Decision:
6 The Commission, after hearing the submissions of the respondent and perusing the records including written submissions of the appellant, agrees with the respondent thatthe information sought relates to third party information, the disclosure of which would harm the competitive position of a third party and no larger public interest would be servedby the disclosure of the information sought. Hence, the information sought is exempted under Section 8(1)(d) of the RTI Act and cannot be provided to the appellant.In view of this, no intervention of the Commission is required in the matter.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer CIC/SB/A/2016/000034 Page 3