Central Information Commission
Sandeep Kumar vs Ministry Of Corporate Affairs on 28 June, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
CENTRAL INFORMATION COMMISSION
Room No. 302, CIC Bhawan, Baba Gang Nath Marg,
Munirka, New Delhi-110067
Decision No. CIC/MOCAF/A/2017/191764, dated 17.07.2018
Sandeep Kumarvs. CPIO, Ministry of Corporate Affairs, O/o Registrar
of Companies, Rajasthan Cum Official Liquidator, Civil Lines, Jaipur
Relevant dates emerging from the appeal:
8
RTI: 07.08.2016 FA: 22.09.2016 Appeal: 08.12.2016
CPIO: 09.09.2016/ Hearing: 13.04.2018/
FAAO: 16.11.2016
21.11.2016 15.05.2018/ 16.07.2018
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 I Act) before the Central Public Information Officer (CPIO), O/o Registrar of Companies, Rajasthan Cum Official Liquidator, Civil Lines, Jaipur seeking information pertaining to proof of registration of one, M/s Pearls Green Forests (PGF) Limited with ROC, Jaipur as per the letter dated 09.12.2011 issued by the respondent so that an inquiry may be conducted against M/s Pearls Agrotech Corporation (PAC) Limited which is registered with ROC, Jaipur.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has provided incomplete, misleading and false information stating that M/s PGF Limited is registered with ROC Chandigarh on 19.01.1983. The appellant requested the Commission to direct the CPIO to provide complete and correct information to the appellant in the light of letter dated 09.12.2011.
Page | 1 Hearing: on 13.04.2018:
3. The notice for hearing dated 15.03.2018 to the appellant was returned undelivered to the Commission with the remarks that there are a number of persons with the same name residing at the mailing address mentioned in the RTI application. Hence, complete address of the addressee is required. The respondent Shri Anil Yadav, Dy. Registrar,O/o Registrar of Companies, Rajasthan Cum Official Liquidator, Civil Lines, Jaipur attended the hearing through video conferencing.
4. The respondent submitted that correct information has been provided to the appellant by the CPIO vide reply dated 09.09.2016informing him that M/s Pearls Green Forests (PGF) Limited and M/s Pearls Agrotech Corporation (PAC) Limited are two separate enities. The respondent further submited that while M/s PGCL is registered with RoC Chandigarh, M/s PACL is registered with RoC Jaipur. Moreover, the information regarding inquiry pending against M/s PACL along with the Ministry of Corporate Affair's letter no. ROC/BS/2012-13/TS-234/378, dated 25.03.2013 has been already provided to the appellant vide reply dated 21.11.2016 in compliance with the FAA's order dated 16.11.2016.
Interim Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that the Commission's notice for hearing was not delivered to the appellant. Hence, in the interest of justice, the Commission adjourns the matter to 15.05.2018 at 10.40am.The Commission also directs the Registry of this Bench to issue a fresh Notice of Hearing to the appellant.
Hearing on 15.05.2018:
6. Both, the appellant, Shri Sandeep Kumar and the respondent, Shri Amol Shinde, Dy. Official Liquidator, O/o Registrar of Companies, Rajasthan Cum Page | 2 Official Liquidator, Civil Lines, Jaipurattended the hearing through video-conferencing.
7. The appellant submitted that the respondent vide para 6 of his letter dated 09.02.2011 had stated that the ROC does not have any evidence /proof of registration of the company in1983 and had sought documents/proof of registration so that an inquiry may be conducted against the PACL. However, the respondent vide his letter dated 27.02.2015 admitted that M/s PGF was registered in 19.01.1983 with the ROC, Punjab and is still registered as M/s PGF. Hence, since the respondent already had evidence that M/s PGF was registered in 1983, action against the PACL as assured vide para 6 of the letter dated 09.02.2011 should have been taken. In view of this, he had sought information regarding PACL vide his RTI application dated 07.08.2016. The FAA vide letter dated 16.11.2016 had directed the CPIO to furnish the information regarding the outcome of preliminary enquiry against the PACL.
8. The respondent reiterated that complete information pertaining to M/s PAC Limited, as per the available records, has been provided to the appellant vide reply dated 21.11.2016 in compliance of the FAA's order dated
16. 11.2016. Hence, no further information remains to be provided to the appellant.
Interim Decision:
9. The Commission observes thatdue to technical glitch in the audio, the appellant could not convey as to why he is not satisfied with the information furnished to him by the CPIO vide reply dated 21.11.2016. Therefore, in the interest of justice, the Commission gives one more opportunity to the appellant to present his case and adjourns the matter to 16.07.2018 at 10.30 am. The Commission further directs the Registry of this Bench to issue a fresh Notice of Hearing to both the parties.
Page | 3 Hearing on 16.07.2018:
10. The appellant, Shri Sandeep Kumar was present in person. The respondent, Shri Parvez Naikwadi, Asstt. Registrar of Companies & CPIO, O/o Registrar of Companies, Rajasthan Cum Official Liquidator, Civil Lines, Jaipur attended the hearing through audio-
conferencing. The respondent explained that he could not be present for the hearing as he had to appear before Rajasthan High Court at Jaipur bench for a case.
11. The appellant reiterated that he had sought proof of registration of M/s PGF Limited in context of the letter dated 09.02.2011 of RoC, Jaipur so that action against M/s PAC Limited may be taken. The appellant further stated that M/s PAC Limited, operating under a different name as M/s PGF Limited, is engaged in malpractices and fraudulent activities. Moreover, despite the clear instructions of the FAA vide order dated 16.11.2016 directing the CPIO to provide the Preliminary Enquiry Report and the result of the inquiry with reference to the CPIO's letter dated 09.09.2016, proper compliance of the FAA's order has not been made by the CPIO, till date. Rather, the information provided to him by the CPIO vide letter dated 21.11.2016 is incorrect. Hence, necessary action should be taken against the respondent for providing incorrect information to him.
Decision:
12. The Commission, after hearing the submissions of the appellant and perusing the records, finds that the appellant alleged during the hearing that the information provided to him by the CPIO is not correct. Moreover, since the respondent was not present in the hearing, the reason for the same could not be ascertained. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to the CPIO, Shri Parvez Naikwadi, Asstt. Registrar of Companies & CPIO, O/o Registrar of Companies, Rajasthan Cum Page | 4 Official Liquidator, Civil Lines, Jaipur for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him.
13. With the above observations, the appeal is disposed of.
14. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Decision No. CIC/MOCAF/A/2017/191764/00940
Final Hearing : 28/06/2019
The following were present:
Respondent : Shri Aditya Sahal,
Company Prosecutor and CPIO
Submissions made by Respondents during Hearing:
The then CPIO Shri Parvez Naikwadi, Asstt. Registrar of Companies through his written submission submitted that he had attended the hearing dated 18.07.2018 telephonically on the receipt of call from CIC on the date of hearing and explained the reply of the office as he could not attend the hearing in person. He is now posted in the Ministry Headquarters and no longer has the charge of CPIO, ROC cum OI, Rajasthan Jaipur.
On a query by the Commission as to the reason for Shri Parvez not attending the showcause hearing by the then CPIO despite specific notice in his name, the present CPIO tendered an unconditional apology on the then CPIO's behalf. Furthermore, in the order dated 16.07.2018, the show Cause Notice was issued to the CPIO, Shri Parvez Naikwadi, Assistant Registrar of Companies & CPIO. Shri Parvez did not attended Commission's hearing despite being posted in Delhi. The Commission also finds his written explanation irrelevant. It is pertinent to mention here that he was required to substantiate his reply and respond to the appellant's accusation of an incorrect reply having been given rather than justifying his absence in the previous hearing.
The present CPIO relied on the FAA's order and submitted that the FAA's order was duly complied with vide letter dated 21.11.2016 in which letter dated 08.10.2012 and 25.03.2013 has been provided. He further submitted that both the letters include the details of the preliminary enquiry and the result of the said enquiry.
Observation:
Based on a perusal of the records it was noted that the respondent still maintain their stand that all requisite documents were provided. However, the appellant through his written submission dated 16.05.2019 pressed for proper compliance of the FAA's order.
Decision:
In view of the above, the present CPIO, Shri Aditya Sahal is directed to resend the enclosures of the requisite documents which were duly provided vide letter dated 21.11.2016 and ensure that preliminary enquiry and preliminary reports are duly annexed with his revised reply. The information shall be provided within 15 days from the date of receipt of the order.
Shri Parvez is issued a strict warning for not complying with the Commission's order and for not attending the showcause hearing for which he was specially asked to attend. He should refrain from such indiscipline in future.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date CIC/MOCAF/A/2017/191764 Addresses of the parties:
1. The Central Public Information Officer (CPIO), Ministry of Corporate Affairs, O/o Registrar of Companies, Rajasthan Cum Official Liquidator, Corporate Bhawan, G/6-7, Residency Area, Civil Lines, Jaipur- 302001.