Central Information Commission
C H Balamohanan vs Ut Of Pondicherry on 7 August, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No. : CIC/UTPON/A/2017/149209/SD
C.H. Balamohanan ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
O/o Co-operative Department,
(Audit Section),
V.V.P. Nagar,
Thattanchavady,
Puducherry-605009. ... ितवादीगण /Respondents
RTI application filed on : 03/10/2016
CPIO replied on : 27/10/2016
First appeal filed on : 02/12/2016
First Appellate Authority order : 10/04/2017
Second Appeal dated : 13/07/2017
Date of Hearing : 06/08/2018
Date of Decision : 06/08/2018
Information sought:
The Appellant sought to peruse the original report of Thiru S.K. Nandi, Dairy Project Management Consultant (Rtd.), NDDB, Kolkata, appointed as Consultant to study the man power requirement of the Pondicherry Co-operative Milk Producers Union Ltd. submitted to the Registrar of Co-operative Societies or to the Study Committee.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Kumarveil, Dairy Development Officer & PIO and P Ramachandraiah, Dy. Registrar (Audit) & PIO, Co-operative Department, Puducherry present through VC.
Appellant stated that he has merely sought for inspection of the original report given by S.K. Nandi, Dairy Project Management Consultant, NDDB, Kolkata appointed to study man power requirement of the Pondicherry Co-operative Milk Producers Union Ltd., submitted to the Registrar of Co-operative Societies or to the Study Committee.
P Ramachandraiah, Dy. Registrar (Audit) & PIO submitted that the relevant report was submitted in 2013 and was denied as Management had not taken final decision on its recommendations and disclosure at this stage would have not have been conducive to the management of the Union.
Decision Commission observes that no exemption under RTI Act has been invoked to deny the information. The conduct of the PIO is rather arbitrary and without any application of mind. It shall be noted that presumptions and conjecture is not a premise to deny information under RTI Act. Moreover, none of the exemption clauses appear to be applicable in the disclosure of the report sought in the RTI Application.
Commission directs P Ramachandraiah, Dy. Registrar (Audit) & PIO to provide an adequate opportunity of inspection of the averred report to the Appellant on a mutually decided date & time, intimated to the Appellant telephonically and in writing. Copy of documents, if desired by the Appellant will be provided free of cost. The said directions should be complied within 15 days from the date of receipt of this order and a compliance report of the same be duly sent to the Commission.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
File No. : CIC/UTPON/A/2017/149209/SD
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date