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[Cites 3, Cited by 1]

Central Information Commission

Mr.Ashok Kumar Agarwal vs Ministry Of Finance on 30 August, 2010

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                     Central Information Commission
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                                                                    Dated: 30.8.2010

 Proceeding in Complaint No.  CIC/AT/C/2010/000412      Present: Shri A.N. Tiwari Present: , Central Information Commissioner Complainant:   Shri Ashok Kumar Agarwal Respondents:  National Securities Depository Limited Shri Ashok Kumar Agarwal of Bharatpur (Rajasthan) has filed these complaints u/s 18 of the RTI Act dated 11.1.2010 before the Commission against National Securities Depository Ltd.(NSDL), Mumbai for deemed refusal of his RTI- request dated 19.11.2009.

2. Perused papers submitted by the complainant, it is observed that the complainant through RTI-request dated 19.11.2009 has sought action taken report on his letter dated 19.10.2009 regarding his grievance against India Infoline Ltd., Mumbay for non-opening of demat account. The complainant's RTI-request was returned by NSDL without assigning any reason.

3. The Commission vide its order dated 19.6.2009 in the case of R.J. Uttamchandani & Ashok K. Gupta Vs. National Securities Depository Ltd (Nos.CIC/AT/A/2008/1024 & CIC/AT/C/2009/098) that National Securities Depository Ltd. (NSDL) did not qualify to be a 'public authority' within the meaning of Section 2(h) of the RTI Act and hence could not be required under the Act to disclose information as demanded by any RTI-petitioner.

4. In view of above, complainant is informed that NSDL is not a 'public authority' within the meaning of Section 2(h) of the RTI Act.

5. The matter is closed with the above directions.

Sd/­ (A.N. Tiwari)   Information Commissioner