Central Information Commission
Mr.Vijay Kumar Juneja vs Ministry Of Tourism on 9 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/AD/A/2011/001167/SG-Adjunct
Appeal No. CIC/AD/A/2011/001167/SG
Appellant : Mr. Vijay Kumar Juneja,
S/o Late Mr. K.L. Juneja,
House No. F-6/8A, Vasant Vihar,
New Delhi-110057
Respondent (1) : Public Information Officer,
Ministry of Tourism, C-1 Hutments, Dalhousie Road, New Delhi-110011 Respondent (2) : Assistant General Manager (Law), Tourism Finance Corporation of India Ltd., 4th Floor, Tower-1, NBCC Plaza, Sector-V, Pushp Vihar, Saket, New Delhi-110017 Relevant facts emerging from the Appeal:
In the instant matter, the Commission had passed an order dated 20/07/2011 wherein it directed Respondent 1 as follows:
"During the hearing the Appellant stated that he has been informed by the PIO on 23.11.2009 that the required information against point 1 i.e. from ledgers/Account Books, is not available since the same is more than 12 years old. In this context he wanted the proof of destruction of these records. The Commission accordingly directs the PIO to provide to the Appellant a copy of the schedule for preservation of records based on which the records have admittedly been destroyed along with the order for destruction of the records, if available in the records.
If such order is not traceable the PIO, M/o Tourism to provide an affidavit to the Commission with a copy to the Appellant affirming the destruction of records sought by the Appellant while indicating what records have been destroyed and also admitting the fact that there is no order available in the records directing the records to be destroyed."
Since the Appellant required certain information from the Tourism Finance Corporation of India Ltd. ("TFCI"), the Commission also directed the PIO, TFCI as follows:
"The Commission perused the submissions on record including the letter dated 28.10.09 from TFCI to the Department of Tourism and noted that some information in respect of the financial assistance to Cross Country Hotels (Appellant is a promoter Company) has been provided including details of assistance for setting up of Bikaner Hotel Project and a Heritage Hotel at Mukundgarh as also a 3 Star Hotel project at Jaisalmer Rajasthan. Since it is obvious that the figures related to the assistance given to these projects have been culled out from some files or documents, the PIO TFCI to Page 1 of 2 prepare a list of such files /documents from where information has been retrieved and also to allow their inspection by the Appellant on a mutually convenient date and time and to provide him with attested copies of documents required by him along with the list mentioned earlier. With respect to the documents which have been destroyed since they are more than 12 years old as submitted by the TFCI, the PIO, TFCI to furnish an affidavit to the Commission with a copy to the Appellant indicating what information as sought by the Appellant has been destroyed along with a copy of proof of destruction of those records."
The abovementioned directions were required to be complied before 25/08/2011.
Thereafter, the Commission received certain submissions from TFCI bearing diary number 147866 submitting that the order of the Commission dated 20/07/2011 was required to be recalled. TFCI stated inter alia that it was not a public authority-as mandated under the RTI Act, and that the above mentioned order was passed without giving it an opportunity of being heard.
In view of the above, the Commission, vide notice dated 23/01/2012 scheduled another hearing in this matter to decide the issues arising therefrom. The Appellant and Respondent 1, along with representatives of TFCI were directed to appear before the Commission on 09/03/2012 along with their written submissions and any other relevant papers in support of their arguments.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Ms. Kusum Juneja along with Ms. Nicole Juneja and Mr. Sunil Juneja on behalf of the Appellant Mr. Vijay Kumar Juneja.
Respondent: Mr. Sanjay Bhatt, Advocate, Mr. Ramachandaran, AGM (Law) and Mr. Shehroz Akhlaq, Advocate on behalf of the TFCI. Mr. MR Pattanaik, Assistant DG & CPIO and Mr. P. Chakravorty, Assistant Director on behalf of the Ministry of Tourism.
The TFCI Applicant has raised two objections to the Commission regarding its order. It states that they were never given a notice of hearing and nor an opportunity to be heard in this case. They also state that they are not a public authority under section 2(h) of the RTI Act. Besides this, they state that the original Appellant is not alive anymore and hence the proceedings cannot be continued. Ms. Juneja claims that she believes that TFCI is a public Authority. In view of the fact that the Appellant Mr. Vijay Kumar Juneja is not surviving, the Commission is unable to pursue the matter to any logical conclusion.
Decision:
The Appeal is disposed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 09 March 2012 (In any correspondence on this decision, mention the complete decision number. (BK)) Page 2 of 2