Central Information Commission
Mayur Digambar Salunke vs Ministry Of Consumer Aff., Food, & ... on 5 December, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
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/MCAFP/A/2023/652378.
Shri Mayur Digambar Salunke. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Consumer Aff., Food, & Public Dist.
Date of Hearing : 02.12.2024
Date of Decision : 02.12.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 01.07.2023
PIO replied on : NA
First Appeal filed on : 23.08.2023
First Appellate Order on : 30.08.2023
2 Appeal/complaint received on
nd : 22.11.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 01.07.2023 seeking information on following points:-
"1. Does the Indian Standard 15769:2008 covers the products "Coated electrodes of base metal for electric arc-welding also commonly called as "Welding Electrodes" pertaining to tariff (HSN Code) 831110002
2. Does the Indian Standard 15769:2008 covers the products "Wire and rods of agglomerated base metal" pertaining to the tariff (HSN Code) 83113010?
3. Does the Indian Standard 15769:2008 covers the products "Submerged Arc Welding Wires pertaining to the tariff (HSN Code) 831130107
4. Does the Indian Standard 15769:2008 covers the products Flux Cored (Tubular) Electrodes containing the Ni, Cr, Mo, V elements, having its individual or combine weight in percentage more than 0.70% in its chemical composition?
Etc."
Page 1 Aggrieved by non-receipt of any reply from the CPIO within the time limit, the Appellant filed a First Appeal dated 23.08.2023. The FAA vide order dated 30.08.2023 stated as under:-
"This has reference to First Appeal raised by you under RTI act, 2005 received by BIS vide letter dt. 23.08.23 against the RTI application received with letter dt. 01.07.23. CPIO has informed that Demand Draft received along with RTI application was in favour of "A/C OFFICER SCIENTIST-B BOIS" which is not accepted by the accounts department as it cannot be processed. Therefore mail was sent to [email protected]( email id mentioned in your RTI application) on 20.07.23, informing you about the discrepancy in Demand draft submitted and you were advised to send a revised Demand draft of Rs 10 in favour of " BUREAU OF INDIAN STANDARDS". (Copy of Email sent is attached). As the revised demand draft(fees of RTI) was not received by BIS till date. No reply was provided by CPIO. You are again advised to submit revised demand draft in favour of "BUREAU OF INDIAN STANDARDS", so that I can direct the CPIO to provide you the suitable information available with you under RTI Act, 2005."
The CPIO, Scientist-C, Deputy Director, BIS vide letter dated 04.10.2023 replied as under:-
"1. The Information Sought requires interpretation of published standards and establishing link with HSN codes. As per O.M no. 1/32/2013-IR dated 28 November 2013 of Department of Personnel and training, the public information officer is not required to furnish information which require drawing of inference and for making of assumptions or to interpret information, or to solve the problems raised by the applicant, or to furnish reply to hypotheical question. Scope of IS 15769 is mentioned in Clause 1 and is reproduced as below "This standard specifies the requirements for continuous flux cored (tubular) electrodes for metal arc welding with and without shielding gas and depositing carbon or carbon manganese steel weld metal having a tensile strength not exceeding 610 MPa. The standard does not cover products intended for submerged arc welding, electrogas arc welding and electroslag welding. It is recognized that the operating characteristics of flux cored (tubular) electrodes can be modified by the use of pulsed current but for the purposes of this standard pulsed current is not used for determination of electrode classification."
2-7. Same as sr. no. 1
8. No such list, following American Welding Society (AWS) is prepared by BIS and is neither available with BIS."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 2 Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri Ashish Wattle, Joint Director (BIS) The submissions of the CPIO were heard.
Decision:
Upon examining the facts of the case, it is noted that an appropriate reply has been provided by the CPIO. Hence, no further action lies The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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