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Central Information Commission

V Sybdararanab vs Ministry Of Defence on 28 September, 2016

                   CENTRAL INFORMATION COMMISSION
                      Club Building (Near Post Office)
                    Old JNU Campus,New Delhi-110067
                      Tel: +91-11-26106140/26179548
                        Email - [email protected]

                                        File No. CIC/CC/A/2015/001350/SD
                                               Date of Decision:28/09/2016
Relevant facts emerging from the Appeal:

Appellant                   :   V. Sundararaman
                                S/o G. Venkatraman
                                21/30, 2nd Main Road
                                Kottur Gardens
                                Chennai-600085
Respondent                  :   Director & CPIO
                                Directorate General of Quality Assurance,
                                G Block
                                Nirman Bhawan PO,
                                New Delhi-110011
RTI application filed on    :   21/10/2014
PIO replied on              :   20/11/2014
First appeal filed on       :   04/12/2014
First Appellate Authority   :   05/01/2015
order
Second Appeal dated         :   17/01/2015

INFORMATION COMMISSIONER             :       SHRI DIVYA PRAKASH SINHA

Information sought

:

The Appellant sought copy of letter 4445/133169/CHEM/QAM dated 12&13.06.2014 sent by OF, Khamaria requesting retest of Boron Powder 95% sample of SB Boron USA (supplier Deepkamal Chemicals Pvt. Ltd.) He also sought a copy of reply sent by CQAME to OFK in this regard and copies of related communication from CQAME to HEMRL and OFK as well as relevant file notings.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
1
Relevant Facts emerging during Hearing: The following were present:-
Appellant: Present through VC.
Respondent: Chandra Shekhar, Director & CPIO, O/o DGQA, Delhi and Dr. T.K. Varadarajan, CQAME, Pune present in person.
Appellant stated that he wanted a copy of the communication sent by CQAME, Pune to Ordnance Factory, Khamaria regarding retest of Boron Powder supplied by Deepkamal Chemicals Pvt. Ltd., Chennai. He expressed his discontent over the information being denied to him by DGQA under Section 8(1)(d) of the RTI Act. He further stated that he is one of the three Directors of Deepkamal Chemicals Pvt. Ltd., Chennai which is his family concern, hence information cannot be denied by taking shelter of Section 8(1)(d).
CPIO submitted that he will abide by the order of the Commission.
Decision Commission directs the CPIO to provide a copy of the communication sent by CQAME, Pune to Ordnance Factory, Khamaria regarding retest of Boron Powder sample supplied by Deepkamal Chemicals Pvt. Ltd., Chennai to the Appellant within 15 days of the receipt of this order.
The appeal is disposed of accordingly.
(Divya Prakash Sinha) Information Commissioner Authenticated true copy (Raghubir Singh) Dy. Registrar/Designated Officer 2