Central Information Commission
M. Srinivas vs Hmt Machine Tools Ltd. on 25 March, 2021
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/Second Appeal No. CIC/HMTML/A/2019/135066
Mr. M. Srinivas ... अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादी /Respondent
HMT Machine Tools Limited
Bangalore
Relevant dates emerging from the appeal:
RTI : 15-04-2019 FA : 27-05-2019 SA : 22-07-2019
CPIO : 16-05-2019 FAO : Not on Record Hearing : 18-03-2021
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), HMT Machine Tools Limited, Bangalore seeking following information:-
"1. The HMT Machine Tools Limited has executed a Technical, Collaboration Project and entered into Agreement with NUMAG, Switzerland Company for developing Numerical Control System for Machine Tools during the year 2014 and also company has paid initial Installments to the NUMAG.
a) A Copy of the Technical Collaboration Agreement made with NUMAG.
2. A land Measuring 4.25 Acres of HMT Machine Tools Ltd, Bangalore Complex has been acquired by Bruhat Bangalore Mahanagar Palike (BBMP) for using Roads. As on March 2018 BBMP has paid adhoc land compensation deposit of Rs 18,508 Crores.
a) Furnish the Details of compensation paid by BBMP with date, cheque No and Amount.
b) Furnish the Statements of Accounts of Compensation Amount (paid by the BBMP) utilized by the Company as on 31-03-2019.Page 1 of 4
3. A Copy of the Memorandum of understanding/Agreement made by HMT Machine Tools Ltd, with CMC Limited in the year 2010 for supply of Hardware and Implementation of SAP System across all units of HMT Machine Tools Ltd.
4. The HMT MBX Unit has made of Euro 6500 to FT Machine Germany as advance for transfer of technology of Flow Forming Machine.
a) A Copy of the proforma invoice sent by the FT Machines, Germany for the above.
Period for which information asked for 2010 to 2019."
2. The CPIO responded on 16-05-2019. The appellant filed the first appeal dated 27-05-2019 which was not disposed of by the first appellate authority. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.
Hearing:
3. The appellant, Mr. M. Srinivas attended the hearing through audio conferencing. Mr. C S Vijaya Prakash, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.
4. The appellant contended that the same set of information is declared in the Annual General Meeting/Auditor's Report issued by the competent Authority, Shri S Girish Kumar (Managing Director) on dated 02-07-2018 on behalf of Board of Directors and therefore, the reason given for denial of information is not correct.
5. The respondent contended that the appellant is seeking their third party confidential commercial information, disclosure of which would impinge on their competitive position in the market. Therefore, they have claimed exemption u/Section 8(1)(d) of the RTI Act, 2005. Decision:
6. This Commission observes that the respondent has not factored the compensation related information which can be disclosed to the appellant in public interest and therefore, the CPIO is directed to disclose only the gross figure of compensation to the appellant, after redacting the third party personal information such as cheque number, account number etc., within a period of 15 working days from the date of receipt of this order. However, confidential commercial information such as technical collaboration agreement, memorandum of understanding/agreement made by HMT Machine Tools Ltd with CMC Limited & proforma invoice sent by the FT Machines as advance for Page 2 of 4 transfer of technology having commercial implications on the business interests of the public authority cannot be disclosed to the appellant as per the exemption u/Section 8(1)(d) of the RTI Act, 2005 in the absence of any larger public interest in the matter. With regard to non-disclosure of information under Section 8(1)(d) of the RTI Act, 2005, this Commission refers to the decision dated 24-11-2014 rendered by the Hon'ble Delhi High Court in W.P.(C) 85/2010 & CM Nos. 156/2010 & 5560/2011 titled as Naresh Trehan v. Rakesh Kumar Gupta, wherein, it has been held as under:-
"14...Such information would clearly disclose the pricing policy of the assessee and public disclosure of this information may clearly jeopardise the bargaining power available to the assessee since the data as to costs would be available to all agencies dealing with the assessee. It is, thus, essential that information relating to business affairs, which is considered to be confidential by an assessee must remain so, unless it is necessary in larger public interest to disclose the same. If the nature of information is such that disclosure of which may have the propensity of harming one's competitive interests, it would not be necessary to specifically show as to how disclosure of such information would, in fact, harm the competitive interest of a third party. In order to test the applicability of Section 8(1)(d) of the Act it is necessary to first and foremost determine the nature of information and if the nature of information is confidential information relating to the affairs of a private entity that is not obliged to be placed in public domain, then it is necessary to consider whether its disclosure can possibly have an adverse effect on third parties."
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
Information Commissioner (सूसूचना आयु )
दनांक / Date : 18-03-2021
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Page 3 of 4
Addresses of the parties:
1. CPIO
HMT Machine Tools Limited
HMT Bhawan, 59 Bellary Road
Bangalore-560032
2. Mr. M. Srinivas
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