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Lokesh Kumar Meena vs Nuclear Power Corporation Of India on 8 March, 2022

                                 के न्द्रीयसूचनाआयोग
                       Central Information Commission
                             बाबागंगनाथमागग, मुननरका
                       Baba Gangnath Marg, Munirka
                         नईदिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/NPCOI/A/2020/114545

Shri Lokesh Kumar Meena                                      ... अपीलकताग/Appellant
                                  VERSUS/बनाम

PIO, Nuclear Power Corporation of India                ...प्रनतवािीगण /Respondent
Rajasthan
Through: Shri Ashutosh Tiwari-Sr. Manager

Date of Hearing                      :    07.03.2022
Date of Decision                     :    08.03.2022
Chief Information Commissioner       :    Shri Y. K. Sinha

Relevant facts emerging from appeal:

RTI application filed on              :   12.11.2019
PIO replied on                        :   08.01.2020 &06.02.2020
First Appeal filed on                 :   27.02.2020
First Appellate Order on              :   04.03.2020
2ndAppeal/complaint received on       :   20.05.2020

 Information sought

and background of the case:

The Appellant filed an RTI application dated 12.11.2019 seeking the following information:-

The CPIO, NPCIL, Rajasthan vide letter dated 08.01.2020 informed the Appellant that his application request is under process.

The CPIO, NPCIL, Rajasthan vide letter dated 06.02.2020 informed that as the matter is sub judice, information cannot be provided at this juncture.

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.02.2020. The FAA, NPCIL, Rajasthan vide order dated 04.03.2020 upheld the reply of the CPIO vide letter dated 06.02.2020.

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

Facts emerging in Course of Hearing:

A written submission has been received from CPIO, NPCL vide letter dated 23/25.02.2022 reiterating the PIO's reply and FAA's order and justifying the same.

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing was scheduled through audio conference after giving prior notice to both the parties. Both parties are duly heard through audio conference and the averments of the parties reveal that the Appellant has filed a case before the Court regarding his non selection. The Respondent had denied information sought by the Appellant referring to the said pending case, though there was no restraint order of the Court to support such denial of information.

Decision:

Upon analyzing the facts of the case, the Commission finds denial of information simply because a matter is sub judice, is not a legally tenable ground, because the RTI Act has no such exemption carved out in section 8 of the Act. In the absence of any specific order of the Court restraining disclosure of information, the Respondent's reply is legally untenable and set aside as such.

Accordingly, the Respondent is hereby directed to send a revised reply to the Appellant, providing point wise information against the queries raised by him, within three weeks of receipt of this order. The Respondent shall submit a compliance report before the Commission in this regard with necessary proof of service by 07.04.2022.

The instant appeal is disposed off as such.

Y. K. Sinha (वाई. के . नसन्द्हा) 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 2 of 2