Central Information Commission
Narendra Agarwal vs Power Finance Corporation Ltd. on 16 May, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/PFCLT/A/2022/628250
NARENDRA AGARWAL ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Power Finance Corporation
Limited, RTI Cell,
"Urjanidhi", 1, Barakhamba
Lane, Connaught Place, New
Delhi-110001. .... ितवादीगण /Respondent
Date of Hearing : 10/05/2023
Date of Decision : 10/05/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 03/03/2022
CPIO replied on : 07/04/2022
First appeal filed on : 11/04/2022
First Appellate Authority order : 06/05/2022
Second Appeal dated : 22/05/2022
Information sought:
The Appellant filed an RTI application dated 03.03.2022 seeking the following information:1
"Preface of the Information At execution stage, proposed RT-DAS under IPDS scheme become sluggish in Rajasthan project area. A memorandum on dt. 03rd Jan,2022 forwarded to ED(IPDS) PFC, New-Delhi, delivered on 06/01/2022.
Information Sought for:
(1) Provide copies of Official-communication with Rajasthan project area toward execution of RT-DAS project.
(2) Provide copies of rejoinder from concerned functionary, if any. (3) Provide action taken on aforesaid Memorandum addressed to PFC & rejoinder from concerned, if any. "
The CPIO furnished a reply to the appellant on 07.04.2022 stating as under:
"Monitoring Committee in its 11th Meeting held on December 5, 2017 sanctioned the RT-DAS Projects to two DISCOM's of Rajasthan i.e. AVVNL as JDVVNL. The details of fund sanctioned and GoI Grant released under these projects are summarized as below:
The Monitoring Committee in its 22nd meeting held on March 9, 2022 decided to cancel the project due to extremely slow progress, along with recovery/adjustment of the fund released.
The copy of the communication with Utility regarding cancellation of the subject project by Monitoring Committee is attached as Annexure-I as stating under:
In this regard, your request was deliberated in the Monitoring Committee (MCM) of IPDS in its 22nd meeting held on 09.03.2022. After deliberations, the Monitoring Committee has decided "cancellation of RT-DAS projects of AVVNL and directed to recover fund release from IPDS/RAPDRP/RDSS."
Being dissatisfied, the appellant filed a First Appeal dated 11.04.2022. FAA's order, dated 06.05.2022, held as under:
2"The Monitoring Committee for Integrated Power Development Scheme (IPDS) constituting esteemed members of Secretary / Joint Secretary /Advisor level is a prestigious Committee constituted by Gol. The Committee has been fully empowered by Got to Monitor, review, and grant specific approvals in respect of projects /issues under implementation of the scheme.
Accordingly, the implementation of RT-DAS project for AVVNL & JdVVNL was deliberated at length in the 22nd meeting of Monitoring Committee held on 09.03.2022, wherein it was decided by the Monitoring Committee to cancel the project and directed to recover the related funds (a copy of the communication with Utility regarding cancellation of the subject project by Monitoring Committee is attached as Annexure-I).
The decision of the empowered Monitoring Committee was based on the detailed deliberations and complete analysis of the facts & figures.
Thus, providing a copy of the project related Communication has no Larger Public Interest and accordingly, exempted under sec 8 (1) (e) of the RTI Act."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Manish Kumar Aggarwal, CPIO along with P.C. Hembram, CGM and Anil Kumar Yadav, CM (CS) present through intra-video conference.
The Appellant stated that he is aggrieved with the fact that a copy of communication with Rajasthan project area toward execution of RT-DAS project has been wrongly denied by the FAA by invoking Section 8(1)(e) of RTI Act. He further reiterated the contents of his instant Appeal stating as under -
"...(7.1) Since The project has envisaged for benefiting to large community, as well state owned distribution Utilities, the cancellation of it's IT part on request from 02 discom's & decision has taken merely on account of slow progress not an exigency, it's not a real scenario, tantamount to defeating larger public interest.3
(7.2) The Monitoring Committee has cancelled the project on sole ground extremely slow progress. It may not be called prudent to cancel the project citing reason slow progress, ignoring the enumerated benefits Surprising, on one hand instead to re-organize /drawing the road map about implementation of RT-DAS (IT component), the project was decided to cancelled and information by taking resort of veil of exemption.
(7.3) Further cancellation of IT part may effect the quality of supply, measuring of consumer reliability Index (CRI)without help of RT-DAS shall not be possible.
This action may be major setback to Govt. initiative's toward sectorial reforms, public may suffered in large scale.
(7.4) The letter /request' of discom on said dated is a part of public activity & not confidential or not other mean, hence may be disclosed under RTIA, further nowhere "Minute's of meeting" (MoM)have been denying by Public
-authority..."
In response to Appellant's contentions, the CPIO submitted that available information has already been supplied to the Appellant. While for point no. 1, copies of all official-communication with Rajasthan project area toward execution of RT-DAS project, as sought by the Appellant is vague and unspecific and it is difficult to share the entire communication as they are voluminous in nature, if the Appellant specifies the specific/relevant communication he desires, then the same may be provided to him.
At the behest of the Commission, the Appellant clarified that he wants the copy of MoM of 22nd & 23rd Meeting of Monitoring Committee held on 09.03.2022. To this, the CPIO agreed to provide the same to the Appellant.
Decision:
In furtherance of hearing proceedings, the CPIO is directed to provide a copy each of the minutes of 22nd & 23rd Meeting of Monitoring Committee held on 09.03.2022 after redacting the names and identifying particulars of the other third party officers, which may figure from noting, note sheet, correspondences, etc. from such minutes of meetings and cannot be divulged in view the exemption clause of Section 8(1)(j) and 8(1)(g) of the RTI Act.In doing so, the 4 CPIO is at liberty to invoke Section 10 of the RTI Act for redacting the information related to the personal information of third parties, as the said provision states as under:
"...10. Severability.--
(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information...."
The aforesaid information should be provided by the CPIO free of cost to the Appellant within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5