Central Information Commission
S Krishnamoorthy vs Department Of Atomic Energy on 30 September, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal Nos. CIC/DOATE/A/2018/141141
S. Krishnamoorthy ... अपीलकताग/Appellant
VERSUS
बनाम
The CPIO, Atomic Minerals ...प्रनतवािी /Respondent
Directorate (AMD), Department
of Atomic Energy, Mumbai
Relevant dates emerging from the appeal:
RTI : 30.03.2018 FA : 02.05.2018 SA : 25.06.2018
CPIO : 11.04.2018 FAO : 28.05.2018 Hearing : 14.08.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Public Information Officer, Department of Atomic Energy (DAE) seeking information on three points namely (i) after dispensing monazite test certificate system for export of Garnet or Ilmenite, whether DAE or AMD or any other agency has fixed the monazite content eligible for export for Garnet or Ilmenite, (ii) if yes, furnish the copy of the fix up notification and the gazette notification and (iii) if no notification is fixed up, whether DAE Page 1 of 5 would fix up the quantity and make arrangement to implement the same by introducing the monazite test certification again.
2. The appellant filed second appeal before the Commission on the ground that the respondent did not provide any information to the appellant. The appellant contends that the respondent should suo moto disclose information as held by them as per Section 4(1)(b), (c) and (d). The applicant relied upon clause (iv), (xvii) of Section 4(1)(b) and Section 4(1)(c) of RTI Act, 2005, stating that the disclosure of the information with respect to the content of monazite eligible for export of Garnet or Ilmenite would enable the public to know whether the exporters have complied with the rules or not. The appellant further stated that instead of suo-moto disclosure, the respondent denied the information sought for. The appellant further stated that the respondent has also not transferred his RTI application to the concerned PIO for providing the information, in case the same was not available with the CPIO. The appellant stated that the reply of respondent is incorrect. The appellant therefore requested the Commission to direct the respondent to provide the information sought by him.
Hearing:
3. Shri K.S. Mahadevan Advocate representing the appellant was present in person. The respondent Shri Krishna Kumar V., Under Secretary, Department of Atomic Energy, Mumbai attended the hearing through video conferencing.
4. The appellant submitted that the respondent did not provide the information sought by him. The appellant added that he had also sought a copy of the notification in respect of the information sought by him vide point no. 2 of his RTI application. In his view, the respondent being the implementing Page 2 of 5 agency, should have a copy of the notification, whether issued by them or some other authority, in their records.
5. The respondent submitted that post 2007, after dispensing the Monazite Test Certificate system, no notification has been issued by DAE, hence the information sought for vide point nos. 1 and 2 of the RTI application could not be provided to the appellant. Moreover, there was no clarity about the threshold value of the Monazite quantity allowed in the export consignment of Garnet and Ilmenite fixed by the Government of India. The respondent further submitted that the Monazite Test Certificate System has since been re-introduced. Hence, query no. 3 of the RTI application has been answered. In response to a query the respondent admitted that Directorate General of Foreign Trade (DGFT) has issued a notification dated 21.08.2018 designating Indian Rare Earths Limited (IREL), a Public Sector Undertaking (PSU) under DAE, as State Trading Enterprise (STE) for canalizing the export of BSM. Further, as per the SOP approved by DAE on 06.09.2018 in order to comply with the aforesaid notification, the percentage of permissible limit for export of BSM consignment is 0.25% Monazite equivalent.
Decision:
6. The Commission, after hearing the submissions of the parties and perusing the records, observes that though the DGFT had issued a notification dated 21.08.2018 designating Indian Rare Earths Limited (IREL), a Public Sector Undertaking (PSU) under DAE, as State Trading Enterprise (STE) for canalizing the export of BSM, as per the SOP approved by DAE on 06.09.2018, the percentage of permissible limit for export of BSM consignment is 0.25% Monazite equivalent. Hence, it can be inferred that the information sought for was available with the DAE. Yet, the CPIO instead of providing the information Page 3 of 5 sought for, had stated that the information is in the nature of query/clarification and does not constitute information under the RTI Act. The Commission, therefore, finds that the CPIO had denied the information sought for to the appellant. In view of this, the Commission directs the Registry of this Bench to issue a Show Cause Notice to the CPIO, Department of Atomic Energy, Mumbai for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 30.09.2019 Authenticated true copy (अनभप्रमानित सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 4 of 5 Addresses of the parties:
1. The First Appellate Authority, Department of Atomic Energy, Anushakti Bhawan, Chartrapati Shivaji Maharaj Marg, Mumbai - 400001
2. The Central Public Information Officer, Department of Atomic Energy, Anushakti Bhawan, Chartrapati Shivaji Maharaj Marg, Mumbai - 400001
3. Mr. S. Krishnamoorthy Page 5 of 5