Central Information Commission
S. Renganathan vs Nuclear Power Corporation Of India on 13 February, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/NPCOI/C/2022/659486
Shri S. Renganathan निकायतकताग /Complainant
VERSUS/बनाम
PIO, Nuclear Power Corporation of India ...प्रनतवािीगण /Respondent
Date of Hearing : 13.02.2024
Date of Decision : 13.02.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from complaint:
RTI application filed on : 21.06.2022
PIO replied on : 12.10.2022
First Appeal filed on : 25.09.2022
First Appellate Order on : 25.10.2022
2ndAppeal/complaint received on : 14.11.2022
Information soughtand background of the case:
The Complainant filed an RTI application dated 21.06.2022 seeking information on eight points, including the following:-
"1. Provide the certified copies of exemption order of Kudankulam Nuclear Power Project/Nuclear Power Corporation of India Ltd, Kudankulam, Tamilnadu getting exemption from IE (Indian Electricity) Act/ Rule for operating the electrical equipments (Breakers & switch gears in all range voltages).
2. Provide the documents of Educational qualification of operators for operating the electrical equipments (Breakers & switch gears in all range voltages)in Kudankulam Nuclear Power Project/Nuclear Power Corporation of India Ltd, Kudankulam, Tamilnadu.
3. Provide copies of the standard procedure for operating the electrical equipments in all range voltages.
4. As per IE (Indian Electricity) Act/ Rules, Whether employees who are having educational qualification other than that of electrical discipline (such as higher secondary, mechanical, chemical, civil discipline) are eligible for operating breakers & switch gears in Kudankulam Nuclear Power Project/Nuclear Power Corporation of India Ltd, Kudankulam, Tamilnadu. Etc."Page 1 of 4
The CPIO, NPCL vide letter dated 21.07.2022 furnished a copy of point-wise information to the Appellant, stating as under:
1,4-8. In this regard, information sought is yet to be received from ED(Technical - LWR) and would be provided in due course of time.
2. In this regard, it is informed that information sought is exempted from disclosure under section 8(1)(j) and 8(1)(e) of RTI Act, 2005, since the information is personal information & the such information is between the Employer and Employee and the same is available in fiduciary capacity with NPCIL In this regard, may please refer decision dated 13/11/2019 of Hon'ble Supreme Court of India in Civil Appeal No.10044 of 2010 titled as Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarawal and Endorsed by DAE vide letter no.6/1/2021-SCS/E-File/1947 dated 09/02/2021. A copy of the same is attached as Annexure - A.
3. In this regard, it is informed that many procedures are available for operating the electrical equipment and such information is voluminous in nature. Hence, you are requested to visit at CPIO Office, Kudankulam, PO, Radhapuram Taluka, Tirunelveli District, Tamil Nadu - 627106 on a mutually agreed convenient date for inspection of documents at your own cost.
A subsequent reply dated 12.10.2022 was also sent by the CPIO with the following information against queries 1 and 4-8:
Point No Response to request
1. In this regard, it is informed that no such order is received at KKNPP, NPCIL. Hence, the same cannot be furnished.
4. In this regard, it is informed that you may please refer IE (Indian Electricity) Act/Rules.
5. In this regard, a letter no.33/32/9/2020-RIO(S)/1164-65 dated 22/02/2021 from Regional Inspectorial Organisation, Chennai is attached as Annexure - 1.
6. In this regard, it is informed that no such approval is received at KKNPP, NPCIL. Hence, the same cannot be furnished.
7. In this regard, it is informed that no such guidelines is received at KKNPP, NPCIL. Hence, the same cannot be furnished.
8. In his regard, it is informed that KKNPP-1&2 is following electrical designation process vide: "Guidelines for designating O&M personnel to work on electrical system and electrical equipment in operating stations of NPCIL"
issued by Director (Operations), NPCIL. "Designation of Page 2 of 4 O&M personnel to work on Electrical system and equipment is issued to the personnel, who complete a structured initial training programme and assessment for electrical designation.
Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 25.09.2022. The FAA vide order dated 25.10.2022 referring to the PIO's reply and further holding as under:-
"The balance point-wise information has been provided to you by CPIO, HQ vide letter no. NPCIL/CPIO/Mumbai-HQ/658/2022/1762/859 dated 12/10/2022."
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
A written submission has been received from the CPIO vide letter dated 01.02.2024 reiterating the aforesaid facts, with the relevant documents attached therewith.
Hearing was scheduled after giving prior notice to both the parties. Complainant: Present through video conference Respondent: Shri S Kannan - Sr. Manager(HR)/CPIO was present through video conference during the hearing Deliberations between the parties during the hearing revealed that information available on record with the public authority as defined under Section 2(f) of the RTI Act and not exempted from disclosure under the Act, had been furnished by the Respondent. The Complainant contended that information pertaining to documents of educational qualification of operators sought by him as query number 2 was wrongly denied to him. The Respondent on the other hand stated that since the information sought relates to personal information of third party, hence it was not provided to the Complainant in view of provisions of the Section 8(1)(e) and (j) of the RTI Act.
Decision:
Upon perusal of the records of the case and after hearing the averments of the parties it is noted that the Respondent had furnished adequate information and appropriately declined disclosure of personal information sought by the Complainant vide query number 2. The PIO's reply is in order and requires no further intervention.
Since the Complainant has chosen to approach the Commission with this Complaint under Section 18 of the RTI Act, the only question which can be adjudicated is whether there was any deliberate or willful concealment of information. From the deliberation between parties, it appears that the reply Page 3 of 4 sent by the Respondent is well within the mandate of the RTI Act, 2005. Therefore, no question of deliberate or wilful denial of information arises in this case.
It is pertinent to place reliance on the judgment of the Hon'ble Supreme Court of India in the case of Chief Information Commissioner and Another v. State of Manipur and Anr. in Civil Appeal Nos. 10787-10788 of 2011 dated 12.12.2011, relevant extract whereof is as under:
"...30. ...The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20. However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide."
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."
In the given circumstances, the Commission is of the opinion that since information provided by the Respondent suffers no legal infirmity, there is no deliberate or malafide denial or concealment of information by the Respondent in this case. Hence, no action under Section 18 of the RTI Act is required.
The case is disposed off as such.
Heeralal Samariya(हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4