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Vijay Dhaker vs Nuclear Power Corporation Of India on 6 February, 2025

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                      के न्द्रीय सूचना आयोग
                             Central Information Commission
                                  बाबा गंगनाथ मागग, मुननरका
                             Baba Gangnath Marg, Munirka
                              नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/NPCOI/A/2024/630008

Shri Vijay Dhaker                                                 ... अपीलकताग/Appellant
                                     VERSUS/बनाम

PIO, Nuclear Power Corporation of India,                      ...प्रनतवािीगण /Respondent
Rawatbhata Site

Date of Hearing                           :   03.02.2025
Date of Decision                          :   04.02.2025
Chief Information Commissioner            :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :            01.06.2024
PIO replied on                    :            28.06.2024
First Appeal filed on             :            02.07.2024
First Appellate Order on          :            05.07.2024
2 Appeal/complaint received on
 nd                               :            15.07.2024

 Information sought

and background of the case:

The Appellant filed an RTI application dated 01.06.2024 seeking information on the following points:-

"Kindly refer orders/letters for reconstitution of Committee on Prevention of Sexual Harassment of Women at Workplace for Rawatbhata Rajasthan Site in all orders/letters for reconstitution of Internal Complaints Committee (ICC), it is mentioned that The Member Secretary will arrange meeting of the Committee once in 6 months or even earlier as decided by the Presiding Officer of the Committee Kindly provide me following information

1) Minutes of Meeting (MOM) of all committees reconstituted since January-2014 i.e. copy of Minutes of 06 monthly or earlier held Meetings of the Internal Complaints Committee (ICC) since January-2014 till now

2) Full detail about all kind of expenditure occurred on such meetings.

Personal information if any may be severed and information to be provided in totality."

The CPIO, NPCIL, Rawatbhata vide letter dated 28.06.2024 replied as under:-

"As per the provision of Section-16 of the Sexual Harassment of Women (Prevention, Prohibition & Redressal) Act. 2013 and as per Section-1 (h) of the RTI Act, 2005, the information sought cannot be provided"

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.07.2024. The FAA, ED (CP&CC) vide order dated 05.07.2024 Stated as under:-

"The response of CPIO is in order. Further, the minutes could contain a lot of personal information, which is exempt from disclosure under 8(1) (j) of the RTI Act-2005."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission dated 30.01.2025 has been received from the CPIO & Sr. Manager, Legal stating as under:

A. It is to submit that, appellant sought minuets of meetings of ICC from 2014 till date of RTI and its expenditure which was denied by the then CPIO under Section-16 of POSH Act. Regarding submission of Section-1(h) is a typographical mistake and same was correctly mentioned as Section-8(1)(j) of RTI Act by the appellate authority in its order.

The ICC minutes of meetings contains the information which was exempted under Section-16 of the POSH Act. In case of pending disciplinary inquiry against appellant the daily order sheets and the minutes of meetings related to appellant had been given time to time after completion of respective hearing. Therefore, the information given is valid. Hon'ble Central Information Commission in its order on several occasions held that personal information and information held in fiduciary relation cannot be provided in RTI.

B. It is to submit that a disciplinary inquiry against present appellant based on a complaint filed by victim under POSH Act is pending and also a litigation filed by present appellant related to said complaint is sub-judice before Hon'ble High Court of Rajasthan at Jodhpur vide SBCWP No. 16594/2023 and appellant to redress his grievance against the pending disciplinary inquiry continuously filling several RTI applications before the Authority i.e. NPCIL. NPCIL provided reply to all the applications within the purview of the RTI Act.

.....

In our case appellant from 2020 to 2024 had filed total 322 RTI applications and appeals seeking multiple information and, on several occasions, similar and same information based on the pending disciplinary inquiry against him. In past also Hon'ble Commission disposed off a bunch of RTI appeals filed by appellant.

A copy of the written submission has been duly sent to the Appellant. Hearing was scheduled after giving prior notice to both the parties.

Appellant: Present through video conference Respondent: Shri Sanmati S Mudholkar - Sr. Manager(Legal)/CPIO and Shri Debashish Giri - Sr. Manager(HR) were present from NPCIL, Rawatbhata Rajasthan through video conference during hearing.

Deliberations between parties during the course of hearing revealed that the minutes of meetings sought by the Appellant contains the information which is personal in nature and held in fiduciary capacity by the Respondent. The information is exempt under Section 8(1)(j) and Section 8(1)(e) of the RTI Act and Section-16 of the POSH Act.

The Respondent has in the comprehensive written submission also mentioned that with respect to the pending disciplinary inquiry against appellant, the daily order sheets and the minutes of meetings related to appellant had been given time to time after completion of respective hearing. The contents of the written submission dated 30.01.2025 are self explanatory in this regard and copy of the same has already been sent to the Appellant.

Decision:

In the light of the above facts, it is noted that the response sent by the PIO is legally accurate. In addition the written submission is comprehensive and self sufficient as such. However, it is pertinent that before concluding the decision, the Commission reminds and strongly advises the public authority to ensure suo motu disclosure of maximum information on their website, regarding board meetings, decisions of the Board on aspects of general nature in compliance of the provisions of Section 4 of the RTI Act to boost transparency and accountability in functioning of the public authority. While proactively disclosing the information about decisions of the Board on various subjects, due caution should also be exercised by the Respondent to strictly adhere to the provisions of the Section 8 and 9 RTI Act and redact any information which falls under any of the exemption clauses by applying the severability clause as laid down under Section 10 of the RTI Act. Since appropriate and adequate information has been furnished in this case, no further intervention is deemed necessary, under the RTI Act.

The appeal is disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

1. It is recommended to maintain records in digital form for proper management and ease of access in compliance with clause (a) of sub-section (1) of section 4 of the RTI Act, 2005.

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