Central Information Commission
Mr.Atul Gulati vs Ministry Of Home Affairs on 11 July, 2011
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000454
Name of the Appellant : Shri Atul Gulati
(The Appellant was present)
Name of the Public Authority : Ministry of Home Affairs
Represented by Shri J. K.
Chattopadhyay, D.S.
The matter was heard on : 22.6.2011.
ORDER
Shri Atul Gulati, the Appellant, filed an RTI application dated 14.10.2010 seeking the following information:-
i) Kindly furnish the copies of all the "Periodical Returns" furnishing the details of "Foreign Contributions" through Cash and Cheque, filed by "Sri Sai Baba Super Spirituality Hospital Trust.
ii) Kindly furnish the copies of details of "Incoming Remittances"
furnished by the Manager, State Bank of India, Railway Road, Rishikesh, Uttaranchal in the account of "Sri Sai Baba Super Spirituality Hospital Trust."
iii) Kindly furnish details of all the "Bank Accounts" operated "Sri Sai Baba Super Spirituality Hospital Trust."
iv) Kindly furnish the copies of all the documents submitted by the "Sri Sai Baba Super Spirituality Hospital Trust."
v) Kindly furnish the copies of complete file including order sheets and all the correspondences/ show cause notices issued and their replies after granting the registration under FOREIGN CONTRIBUTIONS REGULATORY ACT, 1976 to "Sri Sai Baba Super Spirituality Hospital Trust."
vi) Kindly furnish the current status of the registration of "Sri Sai Baba Super Spirituality Hospital Trust."
The PIO vide letter dated 14.12.2010 has denied the information on point No. 1, 2 & 3 of the RTI application u/s 8(1) (j) read with section 8(1) (e) of the RTI Act, 2005. On point No.4 & 5 of the RTI application the PIO denied the information on the ground that the relevant documents have been destroyed. On point No. 6 of the RTI application, the PIO provided the registration Number of the Sri Sai Baba Speciality Hospital Trust. However, not satisfied with the reply the Appellant has filed first appeal before the First Appellate Authority. The FAA vide its decision dated 4.2.201 upheld the reply of the PIO, hence the present appeal before the Commission.
During the hearing the Appellant submits that he has wrongly been denied the information requested in his RTI application. The Respondent on the other hand submit that the desired information was denied to the Appellant keeping in view the objections of the 3rd party. The Appellant inform that now as per the Foreign Contribution (Regulation) Rules 2011 under the Foreign Contribution (Regulation) Act 2010, foreign contribution in excess of Rs.1.0 crore has to be published on the website.
After hearing the parties and on perusal of relevant documents on file the Commission is of the view that under the new era of transparency in the Foreign Contribution (Regulation) Rules 2011 under the Foreign Contribution (Regulation) Act 2010, the information sought by the Appellant on point No. 1, 2 & 3 of RTI application cannot be denied under the RTI Act. Section 12 of the Foreign Contribution (Regulation) Rules 2011 reads:-
"Any person to whom certificate of registration or prior permission has been granted receives foreign contribution in excess of one crore rupees or equivalent thereto in a financial year, shall keep in the public domain the summary data on receipts and utilisation of foreign contribution pertaining to the year of receipt as well as for one year thereafter and the Central Government shall also display or upload the summary data of such persons with the public through its website."
In view of the above, the PIO is hereby directed to provide requisite information to the Appellant on point No. 1, 2 & 3 of the RTI application. The PIO is further directed to furnish the relevant Rules/order under which the relevant records have been destroyed in reference to point No. 4 & 5 of the RTI application. The Commission's order will be complied with within 15 days of receipt of this order.
With these directions the matter is disposed of on the part of the Commission.
Sd/-
(Sushma Singh) Information Commissioner 11.7.2011 Authenticated true copy:
(K.K. Sharma) OSD & Dy. Registrar Case No. CIC/SS/A/2011/000454 Copy to:
1. Shri Atul Gulati, B-9/6455 Vasant Kunj, New Delhi-110070.
2. The Public Information Officer, Deputy Secretary, Ministry of Home Affairs.
Jaisalmer House, 26, Mansingh Road, New Delhi.
3. The Appellate Authority, Joint Secretary, Ministry of Home Affairs.
Jaisalmer House, 26, Mansingh Road, New Delhi.