Central Information Commission
Mr.B R Khorana vs Ministry Of Commerce And Industry on 8 June, 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/2012/000036
Dated: 08.06.2012
Name of Appellant : Shri B.R. Khorana
Name of Respondent : Ministry of Commerce & Industry,
Department of Commerce
Date of Hearing : 04.06.2012
ORDER
Shri B.R. Khorana, hereinafter called the appellant, has filed the present appeal dated 8.8.2011 before the Commission against the respondent Ministry of Commerce & Industry, Department of Commerce, New Delhi for not providing information in reply to his RTI-application dated 3.3.2011. The matter came up for hearing on 04.06.2012. The appellant was absent whereas the respondent were represented by Ms Aditi Das Rout, Director, Ms. Mala Iyenger, Director and Shri Sanjiv Thapriyal, Section Officer.
2. The appellant had filed an application dated 3.3.2011 under the provisions of the RTI Act, wherein, while referring to an alleged fraud on export of rice of about Rs. 2500 crores, sought to know the names of the companies engaged in exporting rice fraudulently, the names of persons involved in the business, names of persons jailed, name of the I.O.. The CPIO vide letter No. 17/1/2011- FT(ST) dated 11.4.2011 informed the appellant that since the matter was under
investigation by the CBI, it would be premature to say which companies were engaged in the fraudulent export of rice.2 Case No. CIC/SS/A/2012/000036
3. Not satisfied with the reply of the CPIO, the appellant preferred first- appeal on 17.4.2011. The FAA (Appellate Committee) in its meeting held on 16.6.2011 held that since the case under reference was under
investigation/consultation with the CBI/CVC, disclosure of information at this stage, as sought by the appellant vide Points 1 to 4 of his RTI application dated 3.3.2011, would impede the process of further investigation and hence, was exempted from disclosure u/s 8(1) (h) of the RTI Act, 2005. As regards additional request of the appellant in his appeal demanding copies of three RTI applications filed by Shri Saikat Datta at his cost, the Appellate Committee observed that this request was not made by him in his RTI application and is, therefore, not as per Section 19(1) of the RTI Act. Nonetheless, the Appellate Committee directed the CPIO (FT-ST) to provide copies of the three RTI applications filed by Shri Saikat Datta to the appellant, as sought by him n his instant appeal, on receipt of requisite fee in terms of Section 7(3) of the RTI Act, 2005.
4. In his appeal filed by the appellant before the Commission, the appellant submits that he has not been provided complete information in reply to his RTI application.
5. During the hearing the respondent submit that the information sought by the appellant, is presumably regarding export of basmati rice, on which Departmental Enquiry is being conducted against certain officials of the concerned PSUs. At the time of reply to the RTI application, the matter was being considered for investigation by the CBI as well as for internal departmental proceedings. However, at a later stage, the internal departmental proceedings were initiated against certain officials of the concerned PSUs, which has not yet been concluded. The respondent further submit that the appellant had sought to know the number of RTI complaints filed by Shri Saikat Datta in his first-appeal before the FAA. The respondent on the directions of the Appellate Committee have provided the appellant copies of the complaints.3 Case No. CIC/SS/A/2012/000036
6. Having considered the submissions of the parties and in view of the changed circumstances, the Commission hereby directs the CPIO to provide point-wise reply to the appellant, informing him of the current status in the matter within two weeks of receipt of this order.
The matter is disposed of with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri B.R. Khorana, 89, First Floor, Block III, Eros Garden, Suraj Kund Road, Faridabad-121009 (Haryana).
The CPIO, Ministry of Commerce & Industry, Department of Commerce, Udyog Bhavan, New Delhi.
The First Appellate Authority, Ministry of Commerce & Industry, Department of Commerce, Udyog Bhavan, New Delhi.