Central Information Commission
Mr.Ravindrabeleyur vs Ministry Of Corporate Affairs on 21 August, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/900965
Dated: 21.08.2012
Name of Appellant : Shri Ravindra Beleyur
Name of Respondent : Ministry of Corporate Affairs
Date of Hearing : 25.07.2012
ORDER
Shri Ravindra Beleyur, hereinafter called the appellant has filed the present appeal dated 30.1.2012 before the Commission against the respondent Ministry of Corporate Affairs, New Delhi for not providing information in reply to his RTI-application dated 15.11.2011. The matter came up for hearing on 25.07.2012. The appellant was present whereas the respondent were represented by Shri L.R. Meena, Joint Director and Shri I.H. Ansari, Assistant Director.
2. The appellant vide his application dated 15.11.2011, filed under the provisions of the RTI Act, requested for certified documents of all the documents, including internal notings made by all the officers and Minister of Corporate Affairs, on the letter dated 22.9.2011 written by Megacity (Bangalore Developers & Builders Ltd. The CPIO vide his letter No. 06/46/2011-CL.II (N.R) dated 16.12.2011 informed the appellant that the requested information could not be parted with under the provisions of Section 8(1) (h) of the RTI Act, as the issues involved in the complaints was under process of investigation.
2 Case No. CIC/SS/A/2012/9009653. Aggrieved with the reply of the CPIO, the appellant filed first-appeal before the FAA. The FAA vide his order dated 5.1.2012 concurred with the decision of the CPIO by holding that though investigation of M/s. Megacity (Bangalore) Developers and Builders Ltd. has been completed, prosecution pursuant thereto is under progress and disclosure of the information requested could cause hindrance to legal proceedings.
4. In his second appeal filed before the Commission the appellant submits that the CPIO and FAA have simply quoted Section 8(1)(h) of the RTI Act without clarifying in what way disclosure of the information would impede the investigation or prosecution of offenders.
5. The respondent CPIO submits that the appellant's request for special audit under the Companies Act has nothing to do with the investigation of the case carried out by the Serious Fraud Investigation Office (SFIO) under the Ministry of Corporate Affairs. The matter which was under investigation has now been sanctioned by the Ministry for prosecution and the case is now before the trial Court. The respondent submit that now they have no objection in providing information to the appellant on his aforementioned request.
6. There is merit in the contention put forth by the appellant. The Commission hereby directs the CPIO to provide, free of cost, action taken on the letter dated 22.9.2011 written by Megacity (Bangalore Developers & Builders Ltd. along with all relevant documents and notings as requested by the appellant in his RTI application within ten days of receipt of this order.
The matter is disposed of with the above directions.
(Sushma Singh) Information Commissioner 3 Case No. CIC/SS/A/2012/900965 Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Ravindra Beleyur, 48/3, 2nd Floor, 2nd Cross, 1st Main, Royan Circle, Chamrajpet, Bangaluru.-560018 The CPIO, Ministry of Corporate Affairs, 5th Floor, 'A' Wing, Shastri Bhawan, Dr. R.P. Road, New Delhi-110001.
The First Appellate Authority, Ministry of Corporate Affairs, 5th Floor, 'A' Wing, Shastri Bhawan, Dr. R.P. Road, New Delhi-110001.