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Central Information Commission

Abdul Rafiq vs Nuclear Power Corporation Of India on 20 February, 2017

                       CENTRAL INFORMATION COMMISSION
                       2nd Floor, 'B' Wing, August Kranti Bhawan,
                         Bhikaji Cama Place, New Delhi -110066
                                   Tel : +91-11-26186535

                                          Appeal No. CIC/YA/A/2016/001629

Appellant:                Mr. Abdul Rafiq
                          1/115 Masum Manjil Ward No-2
                          Adarsh Nagar Kota, Barriar Rawatbhata
                          Bazar, Chittaurgarh. Rajasthan- 323305

Respondent:               Central Public Information Officer
                          NPCIL Rawatbhata Rajasthan, site
                          P- Anushakti- 323303 Via- Kota. Rajasthan

Date of Hearing:           17.02.2017

Dated of Decision:         17.02.2017

                          ORDER

Facts:

1. The appellant filed RTI application dated 18.01.2016, seeking certified copy of the letter/order vide which NPCIL, RR site nominated Chairman, Deputy Chairman of Anu star society; certified copy of letter dated 05.10.2013 and 03.01.2014 issued by the NPCIL RR site manager etc.

2. The CPIO responded on 20.02.2016. The appellant filed first appeal dated 29.02.2016. The response of FAA is not on record. The appellant filed second appeal on 18.04.2016 before the Commission on the ground that information should be provided to him.

Hearing:

3. Both the parties participated in the hearing through video conferencing.

4. The appellant stated that the Anu Star Society was being run under the direct control of NPCIL as manifest from the facilities provided to the office bearers of the society viz all office bearers are NPCIL employees, some 1 office bearers have been given additional residential accommodation in the colony and the cable operator has been given permission to lay cables inside the colony and even outside the colony.

5. The respondent stated that the concerned society is private in nature and not related to NPCIL. The respondent further stated that they do not have any control over the business activities being carried out by the society.

6. The appellant stated that formal approval of the NPCIL is required for carrying out such business activities and so business agreement letter should exist and should be given to him.

Discussion/ observation:

7. The society in question is being managed and run by the NPCIL employees who have control over its business activities. Earlier also, NPCIL had sought and given some letters of the society in response to RTI request. There is no reason for withholding any information of the society and there must be transparency in its business agreements.

8. The respondent shall obtain sought for information from the society and give it to the appellant within 15 days. Decision:

9. The respondent is directed to take action as per para 8 above.

The appeal is disposed of. Copy of the order be given to the parties free of cost.

(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C. Sharma) Dy. Registrar 2