Central Information Commission
Mrpuneet Gupta vs Ministry Of Corporate Affairs on 25 February, 2015
CENTRAL INFORMATION COMMISSION
Room No. - 308, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110066.
Website: cic.gov.in
File No. CIC/KY/A/2014/001104
Appellant : Shri Puneet Gupta
F-311, Ground Floor, Sushant Lok-II
Sec-57, Gurgaon
Public Authority : The CPIO
M/o. Corporate Affairs, O/o. the ROC,
100 Everest Building, Marine Drive, Mumbai-400002
Date of Hearing : 25.02.2015
Date of Decision : 25.02.2015
Presence:
Appellant : Sh. Puneet Gupta
CPIO : Absent
FACTS:
1. Vide RTI application dated 28.05.2014, the Appellant sought information on the 13 issues.
2. CPIO, vide its response dated 17.07.2013, has not provided the information to the appellant.
3. The First Appeal (FA) was filed on 17.07.2014, 30.07.2014, as the desired information was not provided.
4. First Appellate Authority (FAA), on 27.08.2014, upheld the decision of CPIO.
5. Grounds for the Second Appeal filed on 12.09.2014 are contained in the Memorandum of Appeal.
HEARING Respondent opted to be absent despite of our due notice to them. Appellant appeared before the Commission personally and made the submissions at length.
DECISION It would be seen here that the appellant, vide his RTI Application dated 28.05.2014, sought information from the respondents on thirteen issues. Respondents, vide their response dated 17.07.2014, allegedly not provided the required information to the appellant. Being aggrieved by the aforesaid response, FA was filed by the appellant on 17.07.2014 & 30.07.2014 before the FAA, who vide his order dated 27.08.2014, upheld the decision of CPIO. Hence, a Second Appeal before this Commission.
2. It is pertinent to mention here that the CPIO, vide his response dated 17.07.2014, provided the required information to the appellant against issues no. 1, 7, 8, 9, 10, 11 & 12. However, issue no. 13, remains unattended by the respondents. Further, CPIO vide same response, denied the required information to the appellant, against issues no. 2 to 6, by stating as, "no information available", without mentioning any reasons thereof. Further, learned FAA, vide his order dated 27.08.2014, without application of his mind, disposed of the FA by upholding the views of CPIO.
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3. The Commission heard the submissions made by appellant at length. The Commission also perused the case-file thoroughly; specifically, nature of issues raised by the appellant in his RTI application dated 28.05.2014, respondent's response dated 17.07.2014, FAA's order dated 27.08.2014 and also the grounds of memorandum of second appeal.
4. The Commission is of the considered view that the appellant has been deprived by the respondents deliberately from having the benefits of the RTI Act 2005, even after lapse of more than thirteen months period. As such, the Commission feels that appellant's second appeal deserves to be allowed partly i.e. against issues no. 2 to 6 & 13. Therefore, it is allowed accordingly.
5. In view of the above, the respondents are hereby directed to provide the complete and categorical information, against issues no. 2 to 6 & 13, to the appellant, within 30 days from the date of receipt of this order under intimation to this Commission. If need be, Section 5(4) of the RTI Act 2005 be also invoked in the matter.
The Appeal is disposed of accordingly.
Sd/-
(M.A. Khan Yusufi) Information Commissioner Authenticated true copy (K. L. Das) Deputy Registrar CPIO M/o. Corporate Affairs, O/o. the ROC, 100 Everest Building, Marine Drive, Mumbai-400002 Shri Puneet Gupta F-311, Ground Floor, Sushant Lok-II Sec-57, Gurgaon