Central Information Commission
Mr.P C Ramakrishnaiah vs Coal Mines Provident Fund Organisation on 22 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/2012/000325
Dated: 22.06.2012
Name of Appellant : Shri P.C. Ramakrishnaiah
Name of Respondent : Coal Mines Provident Fund
Organization, Dhanbad
Date of Hearing : 12.06.2012
ORDER
Shri P. C. Ramakrishnaiah, hereinafter called the appellant, has filed the present appeal dated 17.9.2011 before the Commission against the respondent Coal Mines Provident Fund Organization (CMPFO), Dhanbad for providing false information in reply to his RTI-application dated 20.6.2011. The matter came up for hearing on 12.06.2012. The appellant vide his letter dated 8.6.2012 sought exemption from personal appearance whereas the respondent were represented by Shri Umesh Prasad Kamal, Joint Commissioner & FAA, CMPFO, Dhanbad.
2. The appellant had filed RTI application dated 20.6.2011 seeking information on the following two queries pertaining to the use of pirated Oracle Software - "(1) Ms. Oracle India Pvt. Ltd., Gurgaon addressed letter dated 7.4.2011 to Shri C. Balakrishnan, Chairman, BOT, CMPF, Secretary Ministry of Coal, requesting a meeting on "Non-licensed Oracle Proprietary Software deployed by CMPFO wherein they gave full details of the software Piracy done by Shri A.N. Bhattacharjee, Commissioner - in this connection please provide (a) copy of the note sheet the letter dated 7.4.11 of Oracle India Pvt. Ltd. was 2 Case No. CIC/SS/A/2012/000325 processed, (b) a copy of letter of Ministry of Coal in reply to 7.4.11 letter of Oracle India Pvt. Ltd, (c) direction, if any, given to CMPFO on the piracy complaint of Oracle India Ltd; and (2) Ministry of Communications and Information Technology vide O.M. dated 11.9.2006 directed all Ministries/Departments/PSUs. etc. to avoid any piracy and copyright infringement of computer software. The piracy attracts provisions of IPC. What action has been taken by Ministry of Coal against Shri A.N. Bhattacharjee under the provisions of IPC for the confirmed piracy of Oracle Proprietary Software may please be indicated." The CPIO vide his letter No. CMPFO/HQ/RTI/CPIO/35/11- 12/640/3410 dated 5.8.2011 informed the appellant that the matter was under
investigation by the CVC and the documents have been placed before Parliament also. Therefore, the documents sought by the applicant were privileged documents and cannot be compromised to a third party.
3. Aggrieved by the reply of the CPIO, the appellant preferred first-appeal on 27.8.2011 before FAA. The FAA, vide his order No. CMPFO/ HQ/RTI/ CPIO/ Appeal/ HQ/56/65/11-12/840/4679 dated 13.9.2011 upheld the reply of the CPIO.
4. Having considered the submissions of the parties, the Commission is of the view that the respondent have denied information without giving justifications or reasons or even by quoting the provisions of the RTI Act under which the information has been denied to the appellant. In the absence of any justification given by the respondent, the Commission hereby directs the CPIO, CMPFO to provide information on each of the points of the RTI application to the appellant as per their record, 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/2012/000325 Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri P.C. Ramakrishnaiah, Plot No. 65, S.B.H. Colony, Mohan Nagar, Kothapet, Hyderabad-500035 (AP) The CPIO, Coal Mines Provident Fund Organization, Near Police Line, Jagjivan Nagar, Dhanbad-826001 (Jharkhand) The First Appellate Authority, Coal Mines Provident Fund Organization, Near Police Line, Jagjivan Nagar, Dhanbad-826001 (Jharkhand)