Central Information Commission
V. S. Subramanian vs Textile Committee on 16 August, 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/TEXTC/A/2023/101912
Shri V. S. Subramanian ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Textile Committee
Date of Hearing : 14.08.2024
Date of Decision : 14.08.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 27.04.2022
PIO replied on : 24.05.2022
First Appeal filed on : 11.06.2022
First Appellate Order on : 08.07.2022
2 Appeal/complaint received on
nd : 06.10.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 27.04.2022 seeking information on following points:-
A. "Kindly provide me with the copy of the application or his request letter submitted by Mr. N. Shanmugam, Ex QAO (Inspector) to process through the office / proper channel for his application to ICAR/CIRCOT. B. Kindly provide me with the copy of NOC issued to Mr. N.Shanmugam, Ex QAO (Inspector) for the purpose of attending the interview at ICAR/CIRCOT. C. Kindly provide me with the copy of the representation / request letter submitted by Mr. N.Shanmugam, Ex QAO (Inspector) to consider his resignation as Technical Resignation.
D. Kindly provide me with the copy of the file notings made for Mr. N. Shanmugam, Ex QAO (Inspector) for processing his application through proper channel and for issuance of NOC for interview. E. Kindly provide me with the copy of the letter of resignation submitted by Mr. N.Shanmugam, Ex QAO (Inspector) and the file notings made thereof for accepting his resignation and approving as Technical Resignation by the Competent Authority.
F. Kindly provide me with the copy of the file notings made for Mr. N.Shanmugam, Ex QAO (Inspector) which was approved by the Competent Authority as Technical Resignation and thereafter to make entry in his service book as Technical Resignation.
Page 1 G. Kindly state the number of representations received from Mr. N.Shanmugam Ex QAO (Inspector), requesting the Competent Authority to treat his resignation as Technical Resignation and provide me with the copy of all such representations made by him."
The CPIO vide letter dated 24.05.2022 replied as under:-
"Para A, B, C,D , E, F & G:- The information sought belong to third party i.e. Shri. N. Shanmugam, Ex-QAO (Inspector) of the Textiles Committee. As per Section 11 of the RTI Act, 2005, a letter No. 91/361/(836)/2022/AD dated 04/05/2022 was sent to Shri. N. Shanmugam, Ex-QAO (Inspector) by post as well as by email dated 04/05/2022 for seeking permission to disclose the information belonging to him which was sought by the applicant. Consequently, Shri. N. Shanmugam, Ex-QAO (Inspector) has replied vide letter dated 06/05/2022 through email dated 06/05/2022 stating "I request you to deny the disclosure of my personal information to the applicant." In view of the refusal by Shri. N. Shanmugam, Ex-QAO (Inspector) for disclosing his said personal information being third party and no larger public interest involved in disclosing the said information, the undersigned is of the view of not providing the same as per Section 8(1)(j) of the RTI Act, 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.06.2022. The FAA vide order dated 08.07.2022 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 08.08.2024 has been received from the CPIO and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing .
Respondent: Mr. Ganesh P. Banga, Deputy Director, Textile Committee, Mumbai- participated in the hearing.
The Appellant stated that the relevant information has not been furnished to him till date. He stated that he has sought government record and same has been wrongly denied by the PIO under the garb of third party information.
The Respondent stated that Shri V. S. Subramanian, Ex-Inspector had joined Textiles Committee on 01.06.1987. He resigned from the post of Inspector, Textiles Committee on 07.01.1998 to join as Lecturer in P.A.C. Rarnasamy Raja Polytechnic College at Rajapalayam and also requested to accord sanction to Page 2 carry forward all the service benefits such as pension, PF, Gratuity etc to the said new organization. He further stated that the Appellant neither obtained NOC from the Textiles Committee nor intimated the Textiles Committee before or after applying for the said post in P. A.C. Ramasamy Raja Polytechnic College. Furthermore, the resignation of the Appellant was accepted vide Office Order dated 24.02.1998. He stated that the information sought by the Appellant relates to Mr. N. Shanmugam which is exempted from disclosure under Section 8(1)(j) of the RTI Act. He stated that the notice was also issued to the third party as per section 11 of the RTI Act and Mr. N. Shanmugam denied giving his consent for disclosure of information sought.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the custodian of information. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
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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