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Central Information Commission

Himanshu Gandhi vs Nuclear Power Corporation Of India on 18 April, 2022

                                के   ीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ माग, मुिनरका
                       Baba Gangnath Marg, Munirka
                        नई द ली,
                              ली New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/NPCOI/A/2020/118466

Shri Himanshu Gandhi                                        ...   अपीलकता /Appellant
                                VERSUS/बनाम

PIO                                                   ...   ितवादीगण /Respondent
Nuclear Power Corporation of India Limited

Date of Hearing                      :   12.04.2022
Date of Decision                     :   18.04.2022
Chief Information Commissioner       :   Shri Y. K. Sinha

Relevant facts emerging from appeal:
RTI application filed on               :   16.12.2019
PIO replied on                         :   06.01.2020
First Appeal filed on                  :   31.12.2019
First Appellate Order on               :   31.01.2020
  nd
2 Appeal/complaintdated                :   09.07.2020
Information sought

and background of the case:

The Appellant filed an RTI application dated 16.12.2019 seeking information on the following points:-

The CPIO/Addl. Chief Engineer, Nuclear Power Corporation of India Limited, vide letter dated 06.01.2020 replied as under:-

The Appellant filed a First Appeal dated31.12.2019. The FAA/Addl. Director, Nuclear Power Corporation of India Limited, vide order dated 31.01.2020 stated as under:-

Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Written submissions have been received from the Appellant dated 04.04.2022 and the CPIO and Addl General Manager (HR), NPCIL, Mumbai dated 08.04.2022 and the same have been taken on record.

Facts emerging during the hearing The Appellant alongwith Shri Dhawal Gandhi and Ms Vidhi Gandhi participated in the hearing through video conference. He stated that disclosure of information regarding the test certificates was in the larger public interest since it was his apprehension that welding consumables procured for fabrication of Steam Generator were not in line with the safety classifications of Atomic Energy Regulatory Board (AERB) standards and international practices which jeopardises the safety of the nuclear power plants and may cause accidents leading to radiation leaks or nuclear disaster. He further stated that test certificates only specify the chemical composition of the elements used and mechanical testing results obtained with the particular composition and does not disclosure any secrets or formulations. He further stated that disclosure of information would be useful to file a complaint to AERB for initiating corrective action if unfit material is used by the sub contractors and approved by NPCIL. The information may also be used to invoke the writ jurisdiction of the High Court or Supreme Court.

The Respondent represented by Shri S Srivastava, CPIO and AGM (HR); Shri R K Gupta, Chief Engineer (Procurement) and Shri Bramha Prakash, Associate Director (Engineering) participated in the hearing through video conference. Shri Gupta stated that the test certificates are prepared by welding component manufacturers who are contracted by their vendors. Safety and security of the nuclear power plants remains the topmost propriety of the public authority and a strong system remains in vogue for quality assurances and ensuring safety in implementation of projects. The AERB ensures the safety aspects at all stages of nuclear power plants and continuously monitors and reviews the plants following in depth approach in line with the codes and guidelines. In addition he stated that the Quality Assurance Plans and Test Certificates are not available with them but are in the custody of the vendors. The public authority only verifies the results produced before them. The information sought by the Appellant is commercially sensitive and pertains to construction of nuclear power plants hence is exempted from disclosure as per Section 8 (1) (d) of the RTI Act, 2005. He further stated that the information pertaining to the name, designation, department and employee/ staff number of NPCIL officials who accepted the Manufacturer's Test Certificates cannot be disclosed as per Section 8 (1) (g) since disclosure of such information can threaten the life and physical safety of such officials.

Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission at the outset finds that the issues raised by the Appellant are of larger public interest pertaining to apprehensions regarding safety of nuclear power plants. In case part of the information sought contains commercially sensitive information of a third party or could threaten the life or physical safety of officials, the same can possibly be redacted/ obliterated as per Section 10 of the RTI Act, 2005. In the light of the above observations, the FAA and Addl Director, NPCIL is directed to re-examine the first appeal and pass a reasoned speaking order under intimation to the Commission by 30.05.2022 after granting a fair opportunity of hearing to the Appellant.

With the above direction, the instant Second Appeal stands disposed off accordingly.

Y. K. Sinha (वाई.

वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4