Central Information Commission
Mr.Rajeev Ranjan Gupta vs Ministry Of Micro, Small And Medium ... on 5 November, 2012
Central Information Commission
Room No. 308, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No:CIC/LS/A/2012/001710
Appellant : Shri Rajiv Ranjan Gupta
Public Authority : NSICLtd
Date of hearing : 05.11.2012
Date of Decision : 05.11.2012
FACTS
Heard today dated 05.11.2012. Appellant not present.. NSIC is represented by Shri A.K. Aggarwal, General Manager, and Shri Sanjivan Saraswat, Dy Manager.
2. The matter, in short, is that vide RTI application dated 27.2.2012, the appellant had sought information on the following two paras :-
(a) details of three bank drafts amounting to Rs 42,000/= purported to have been sent by M/s Gupta and Sons in favour of NSIC; and
(b) whether the account of M/s Gupta and Sons has been finally settled by NSIC.
3. During the hearing, Shri Aggarwal submits that information sought in para (a) above pertains to the year 1991 and the requested documents are not traceable due to lapse of time. As regards para (b) above, he submits that NSIC had business dealings with M/s Gupta and Sons and the appellant herein has no connection whatsoever with this business and, therefore, he is not entitled to third party information. Even so, he submits that the account has been settled.
4. I would like to observe that if the CPIO did not have the information on para (a) above, he should have informed the appellant accordingly in clear terms rather than invoking section 8(1)(d) of the RTI Act. This section can be invoked only when the CPIO does have the information but he is not inclined to disclose it same as per the provisions section 8(1). In fact, this logic applies to all the clauses section 8(1). The CPIO may bear this in mind in future.
5. In view of the above factual matrix, the matter is being closed.
( M.L. Sharma ) Information Commissioner Authenticated. Additional copies of the order shall be supplied on application and payment of fees, as per RTI Act, to the CPIO of the Commission.
(K.L.Das) Dy Registrar Address of the Parties :- ( l) The CPIO, 2) Shri Rajiv Ranjan Gupta, Block No: 04 NSIC, 15 N, Nellie Sengupta Sarani, Flat No> 117, LIG Hanuman Nagar, Hudco Tower, 2nd floor, Kankarbagh, Patna = 80 00 20. Kolkatta 70 00 87.