Central Information Commission
Jay Doshi vs Registrar Of Companies, Mumbai on 18 March, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/ROCMU/A/2023/605186
Shri Jay Doshi ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Registrar of Companies, Mumbai ...प्रनतवािीगण /Respondent
Date of Hearing : 15.03.2024
Date of Decision : 15.03.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 15.11.2022
PIO replied on : 02.12.2022
First Appeal filed on : 02.12.2022
First Appellate Order on : 27.12.2022
2 Appeal/complaint received on
nd : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 15.11.2022seeking information on following points:-
"NEED COPY OF LICENSE OF ISSUED U/S 25 OF HOTEL ASSOCIATION OF DADRA & NAGAR HAVELI DAMAN & DIU REGISTERED WITH ROC CIN U55200MH1992NPL065428"
The CPIO, Registrar of Companies, Mumbai vide letter dated 02.12.2022 replied as under:-
"Copy of license etc all documents filed by the company can be seen by taking online inspection of the records filed by the company.
For online documents filed electronically after June, 2006 onwards, please go to the tab View required Public Documents for verifying the documents. Please go through the procedure for viewing public documents on MCA website. CPIO further adds that information sought by the applicant, can be obtained by taking online inspection of the company from MCA Website Le. www.mea.gov.in by taking inspection of the same with respect to sought information, if filed. Applicant need to LOGIN/REGISTER and Click on View Public documents on payment of prescribed fee. Information already Page 1 of 3 available in public domain is not required to be provided. Please go to the tab View Public Documents for verifying the documents and use the tab Get Certified Copies for applying for certified copies of the required documents. Please go through the procedure for viewing public documents on MCA website. Further it is stated that CIC in order in Appeal No. CIC/AT/A/2007/00112 dated 12.04.2007 has already held that once certain information is placed in public domain accessible to the citizen either freely or on payment of a predetermined price, that information cannot be said to be held or under the control of the public authority and thus would cease to be an information accessible under the RTI Act 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.12.2022. The FAA vide order dated 27.12.2022 stated as under:-
".......it is observed that the CPIO has provided the reply to the applicant.
Since the company is incorporated prior 2005, regarding license etc can be seen by taking physical inspection of the records filed by the company.
You are requested to take physical inspection of the Documents filed manually, which are kept at 2nd Floor, CGO Complex, CBD, Belapur, Navi Mumbai, subject to the Disposal of Records (in the offices of the Registrar of Companies) Rule 2003 read with Destruction of Records Act, 1917 and post June 2006 on making the payment of prescribed fees, timing from 10.30 am to 3.30 pm. (Contact no. 022-27576802, 22812627, 2281 2645, 2281 3760 Certified copy section/Record section) with prior intimation and taking prior appointment."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO and Asst Registrar of Companies, Mumbai vide letter dated 26.02.2024 wherein the replies available on record were reiterated.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri Agja Pranav Kumar Govindbhai, CPIO and Assistant Registrar The Appellant stated that the information sought could not be traced by him both online as well as offline after availing physical inspection of records. He claimed to be a representative of the association regarding which information was sought and prayed that in case the license is not traceable direction be issued by the Commission for issuance of duplicate card.
Shri Agja Pranav Kumar Govindbhai stated that point wise response as per the RTI Act, 2005 was provided to the Appellant vide letter dated 02.12.2022. He stated that perhaps the document may not have been submitted by the Page 2 of 3 association at the first place. However, in case the Appellant produces any proof of submission of license application, appropriate action as may guidelines may be initiated.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the CPIO to make another attempt to search the document requested in the RTI application and provide information as per available record after submission of necessary proof of his association with the HOTEL ASSOCIATION OF DADRA & NAGAR HAVELI DAMAN & DIU by the Appellant. The above direction should be complied within 30 days from the date of receipt of this order under intimation to the Commission. No further intervention of the Commission is required in the instant matter.
With the above observation, the instant Second Appeal stands disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3