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Central Information Commission

S Krishnamoorthy vs Department Of Atomic Energy on 30 November, 2019

                               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 Nos. CIC/DOATE/A/2018/141141


 S. Krishnamoorthy                                        ... अपीलकताग/Appellant


                                     VERSUS
                                      बनाम


 The CPIO, Atomic Minerals                                ...प्रनतवािी /Respondent
 Directorate (AMD), Department
 of Atomic Energy, Mumbai


                                   ORDER

1. A Show Cause Notice was issued to the CPIO, Department of Atomic Energy, Mumbai on 24.10.2019, in compliance of the Commission's Order Nos. CIC/DOATE/A/2018/141141 dated 30.09.2019, for denying the information sought for to the appellant.

Hearing on 22.11.2019:

2. The respondent Shri T.G. Raveendran, then CPIO and Under Secretary, and Shri Krishna Kumar V., present CPIO and Under Secretary, Department of Atomic Energy, Mumbai attended the hearing through video conferencing.

3. The respondent Shri Krishna Kumar V. submitted written explanation vide letter dated 13.11.2019, and the same has been taken on record.

4. The respondent submitted that a copy of the notification fixing the monazite content in the export consignments of garnet and ilmenite could not be provided to the appellant as the same was not available with the respondent. He further stated that requirement of monazite test certificate for export of garnet or ilmenite was dispensed by DAE on 01.01.2007. However, no notification regarding fixing the monazite content in the export consignments of garnet and ilmenite was issued by DAE or any other agency. Subsequently, Directorate General of Foreign Trade (DGFT) had issued a notification on 21.08.2018. Thus, the reply furnished in response to the RTI application that the information sought for is not available in the records of the AMD was correct and complete. In view of this, the respondent requested the Commission to drop the Show Cause Notice issued against him.

Decision:

5. The Commission, after hearing the submissions of the respondent and upon perusing the records, observes that the notification regarding fixing the monazite content in the export consignments of garnet and ilmenite was issued by the DGFT on 21.08.2018. Hence, as on the date of reply to the RTI application i.e. 18.04.2018, the aforesaid notification was not available. Hence, information furnished by the respondent that no such information is available in the records of the AMD was correct. Thus, it cannot be said that information was malafidely withheld by the respondent. Hence, in the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the respondent. In view Page 2 of 3 of this, the Show Cause Notice issued to Shri Krishna Kumar V., CPIO and Under Secretary, Department of Atomic Energy, Mumbai is hereby dropped.

6. The Show Cause proceedings is hereby closed.

7. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 25.11.2019 Authenticated true copy (अनभप्रमानित सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 3 Addresses of the parties:

1. The First Appellate Authority, Department of Atomic Energy, Anushakti Bhawan, Chartrapati Shivaji Maharaj Marg, Mumbai - 400001

2. The Central Public Information Officer, Department of Atomic Energy, Anushakti Bhawan, Chartrapati Shivaji Maharaj Marg, Mumbai - 400001

3. Mr. S. Krishnamoorthy Page 4 of 3