Central Information Commission
T. V. Sundaresan vs Department Of Heavy Industries on 30 November, 2021
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/Second Appeal No. CIC/DOHIN/A/2020/667645
Mr. T.V. Sundaresan ... अपीलकता /Appellant
VERSUS
बनाम
CPIO ... ितवादी/Respondent
M/o. Heavy Industries & Public
Enterprises, Dept. of Heavy Industry
Technical Services Wing, Udyog
Bhawan, New Delhi-110011
Relevant dates emerging from the appeal:-
RTI : 01-09-2018 FA : 09-11-2018 SA : 31-03-2020
CPIO : 24-09-2018 FAO : Not on record. Hearing : 22-11-2021
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) Parliament of India, New Delhi. The appellant seeking information as under:-
"Information and documents requested on annual reports on the working and affairs of companies controlled or otherwise by Ministry of Heavy Industries and Public Enterprises prepared by Ministry of Heavy Industries and Public Enterprises as required under Sec 619A Companies Act 1956 and equivalent provisions of Companies Act 2013 in respect of govt companies where central govt is a shareholder and placed before both Houses of Parliaments every year since inception of Ministry of Heavy Industries and Public Enterprises or since Companies Act 1956 came into effect including the period when the Companies Act 2013 was in force etc may be forwarded in the manner stated in the attached file along with copies of the said annual reports as asked for in the said attached file . The Board Report , The Corporate Governance Reports , CAGs reports and schedules thereto , auditors reports and schedules thereto , Balance Sheets , Profit and Page 1 of 5 Loss Accounts and other details and schedules thereto and Notes to the accounts and statements of accounting policies etc forwarded to the members u s 219 Companies Act 1956 and equivalent provisions of Companies Act 2013 r w Corporate Governance and Other Guidelines and placed at the Annual General Meetings of the company for approval and approved at the concerned AGMs rightfully or otherwise by the Authorized Representative of the President of India who would have attended the AGM is not the subject matter of the information and documents asked for . What is asked for is the said annual report prepared by Ministry of Heavy Industries and Public Enterprises after the AGMs within 3 months of the said AGMS and placed at Parliament. .
These will not at all be available with DOREV, CBODT, CCITM, CCITG, Registrar of Companies, Income Tax Department, Ministry of Corporate Affairs, Ministry of Finance etc. -- but will be with you. Does not DPE monitor the compliances of these provisions by all Central Govt companies".
2. The CPIO vide letter dated 24-09-2018 furnished the web link to the appellant where the Annual Report of the Ministry of Heavy Industries & Public Enterprises is readily available on public domain. Being dissatisfied with the same, the appellant has file first appeal dated 09-11-2018 and requested that the information should be provided to him. The order of the FAA, if any, is not on record with the Commission. Thereafter the appellant has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
Hearing:
3. The appellant attended the hearing through audio-call. The respondent, Shri Munna Prasad, CPIO attended the hearing through audio-call.
4. The appellant submitted that the desired information has not been provided to him by the respondent on his RTI application dated 01.09.2018. He further submitted that the information sought by him is concerned with the no availability of annual reports of Ministries on their website.
5. The respondent submitted that the appellant is seeking information pertaining to various reports such as the annual report, Board Report, Corporate Governance Reports , CAGs reports, auditors reports, Balance Sheets , Profit and Loss Accounts and other details and schedules thereto etc. pertaining to various ministries which he claims are not available in the websites. However Page 2 of 5 the respondent submitted that the CPIO vide letter dated 24.09.2018 informed the appellant that every year the annual reports of the ministries are required to be submitted to both the houses of the parliament within a week after presentation of the union budget and thereafter the copies of annual reports are supplied to all the ministries for their information. Further the respondent have also furnished the web link of their official website to the appellant concerning the annual report.
Decision:
6. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant is seeking information pertaining to various reports such as the annual report, Board Report, Corporate Governance Reports, CAGs reports, auditors reports, Balance Sheets, Profit and Loss Accounts and other details and schedules thereto etc. pertaining to all CPSEs under the public authority which he claims are not available in their websites. The Commission further observes that the respondent has furnished a general web link to the appellant to find the annual report pertaining to their own Ministry. However the annual reports of the Central Public Sector undertaking are presented annually to the Parliament through the concerned Ministries.
7. Regarding various other reports such as Board report, corporate report, Governance report etc., are neither specific in terms of report or the CPSE or the period while seeking this information. By general description the appellant is expecting the CPIO to interpret his queries both in terms of identifying all possible reports which are generated in compliance of various Acts, Rules guidelines etc., cannot be expected to be quantified and identified by the CPIO under the provisions of the RTI Act, 2005.
8. Under the framework of the RTI Act, 2005, the CPIO is not expected to make interpretations of information which is being sought and cannot be expected to quantify and identify such information, compile and collate it as per the query and furnish it to the appellant. From plain reading many reports such as board minutes, audit reports etc are internal to the functioning of CPSEs which are independent public authorities and could have been sought from them.
9. In this regard, the Commission referred to the definition of information u/s Section 2(f) of the RTI Act, 2005 which is reproduced below:
"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material Page 3 of 5 held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force."
10. While examining the RTI application the Commission observes that where the information sought is neither specific nor limited and by description including such reports which might have been generated in compliance of Acts, rules etc., makes it almost an infinite query with specificity and boundaries. In this regard the Commission referred to the decision of the Hon'ble Supreme Court of India in Central Board of Secondary Education and Anr. Vs. Aditya Bandopadhyay and Ors, SLP(C) NO. 7526/2009 wherein it was held as under:
"Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counterproductive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non-productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of public authorities prioritising 'information furnishing' at the cost of their normal and regular duties."
11. However the Commission directs the respondent to ensure that the annual reports of the CPSEs under it which can be quantified and submitted every year by the various public enterprises working under the respondent Ministry can be furnished to the appellant, on admissible charges as per the provisions of the RTI Act, 2005 or if the information sought by the appellant is voluminous in nature a right to inspection may be offered to the appellant as per the relevant provision of the Act. However, if the above information is readily available in public domain a specific web link to that effect shall be furnished to the appellant. If in case the information sought requires compilation and is not available in the manner as sought by the appellant a categorical reply to this Page 4 of 5 effect be furnished to him. The abovementioned direction should be complied by the respondent within a period of 30 days from the date of receipt of this order under the intimation to this Commission.
12. With the above observations, the appeal is disposed of.
13. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
सूचना आयु )
Information Commissioner (सू
दनांक / Date : 22-11-2021
Authenticated true copy
(अिभ मािणतस यािपत ित)
S. C. Sharma (एस. सी. शमा ),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. CPIO
M/o. Heavy Industries & Public Enterprises,
Dept. of Heavy Industry Technical Services Wing,
Udyog Bhawan, New Delhi-110011
2. Mr. T. V. Sundaresan
Page 5 of 5