Central Information Commission
Indra Kumar vs Department Of Heavy Industries on 3 March, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DOHIN/A/2021/103487
Indra Kumar ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department of Heavy Industry,
PE-IV Section, RTI Cell, Udyog
Bhawan, New Delhi - 110011. .... ितवादीगण /Respondent
Date of Hearing : 02/03/2022
Date of Decision : 02/03/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 23/09/2020
CPIO replied on : 11/11/2020
First appeal filed on : 07/12/2020
First Appellate Authority order : 31/12/2020
2nd Appeal/Complaint dated : 15/01/2021
1
Information sought:
The Appellant filed an RTI application dated 23.09.2020 seeking a copy of the draft cabinet note no. 5(II)2013-PE-IV dated 14th March 2016.
The CPIO denied information to the appellant on 11.11.2020 under section 8(I)(i) of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 07.12.2020. FAA's order dated 31.12.2020 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied on the denial of information by the CPIO, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference. Respondent: Kamal Deo Prasad, U.S. & CPIO present through intra-video conference.
The Appellant expressed his dissatisfaction to the fact that neither the relevant cabinet note nor has its status as regards its approval or denial in response to instant RTI Application been provided to him by the CPIO till date.
The CPIO invited attention of the bench towards his written submission dated 25.02.2022, relevant portion of which is reproduced below-
2."In this context, it is mentioned that the Triveni Structurals Limited (TSL) is under liquidation subsequent to High Court of Allahabad order dated 08.10.2013. Further, the option of VRS/VSS to the employees of TSL was explored through a draft Cabinet Note during 2016. However, as the TSL was under liquidation, the draft Cabinet Note was not processed further...."
CPIO further apprised the Commission that as such no averred draft cabinet note as sought by the Appellant hereby exists.
To a query from the Commission, the Appellant denied the receipt of averred written submission. In response to it, the CPIO at the behest of Commission 2 agreed to resend a copy of the same to the Appellant through email at [email protected] .
Decision:
The Commission upon a perusal of records finds no infirmity in the reply provided by the CPIO now as it adequately suffices the information sought by the Appellant as per the provisions of RTI Act, leaving behind no scope of further relief in the matter.
Now, in furtherance of hearing proceedings, the CPIO is hereby directed to resend a copy of his written submission dated 25.02.2022 along with enclosures, free of cost to the Appellant through email and also via speed post within 2 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 3