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[Cites 3, Cited by 0]

Central Information Commission

Mrd Dhaya Devadas vs Department Of Atomic Energy on 15 February, 2016

                           CENTRAL INFORMATION COMMISSION
                            August Kranti Bhawan, Bhikaji Cama Place,
                                       New Delhi-110066

                                                         F.No. CIC/RM/A/2014/002308-YA
                                                         F.No. CIC/CC/A/2015/001495-YA
                                                         F.No. CIC/CC/A/2015/001494-YA



Date of Hearing                            :   03.02.2016

Date of Decision                           :   15.02.2016



Complainant/Appellant                      :   Shri D.D.Devadas

                                               Chennai



Respondent                                 :   Shri Ashok Behera, rep. CPIO

Atomic Energy Regulatory Board Mumbai Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from complaint/appeal:

RTI application filed on : 09.01.2013, 26.05.2014, 17.06.2014 CPIO replied on : 27.01.2014, 23.06.2014, 25.07.2014 First Appeal filed on : 08.02.2014, 09.07.2014, 08.08.2014 First Appellate Authority (FAA) order on : No order passed, 22.07.2014, 17.09.2014 Complaint/ Second Appeal received on : 01.04.2014, 09.02.2015, 09.02.2015 The appellant is not present while the respondent is present and heard through video conferencing.
Since both the parties are same in the above mentioned appeals, therefore, all the appeals are clubbed together for hearing and disposal to avoid multiplicity of the proceedings.
F.No. CIC/RM/A/2014/002308-YA The appellant filed an RTI application on 09.01.2013, seeking information on 5 points relating to licenses issued for processing of Atomic Minerals/prescribed substances to various firm/companies and other related information. CPIO vide his letter dated 27.01.2014 replied to the appellant. Not satisfied with the response of CPIO, the appellant filed an appeal on 08.02.2014. The FAA did not dispose of the first appeal.
The respondent stated that the RTI application dated 09.01.2013 was received in their office on 15.01.2014 and the same was replied to by them on 27.01.2014. He stated that complete information as available on record and admissible under the RTI Act has been provided to the appellant.

F.No.CIC/CC/A/2015/001495-YA The appellant filed an RTI application on 26.05.2014, seeking location, address of specific 16 mineral processing units along with their production details etc. CPIO in his reply denied information u/s 8(1)(d) and 8(1)(g) of the RTI Act, 2005. The FAA vide his order dated 21.10.2014 upheld the reply of the CPIO.

The respondent stated that the appellant had sought information on 2 points relating to 16 specific mineral processing units. He stated that information regarding specific location of mineral processing units was denied u/s 8(1)(g) of the RTI Act. He stated that since the appellant have the names of units, he may obtain the same from the website of those units. As regarding production details, he stated that this information is commercial in nature and thus, was denied u/s 8(1)(d) of the RTI Act. He stated that statistics relating to production are submitted in their annual report which is in public domain.

F.No.CIC/CC/A/2015/001494-YA The appellant sought 4 point information on mining plans and Scheme of Mining in Tamil Nadu approved by Atomic Mineral Directorate vide his RTI application dated 17.06.2014. CPIO vide his letter dated 25th July, 2014 provided the particulars in respect of 58 mining plans for Ilmenite, Rutile, Zircon and Leucoxene and other related information. Not satisfied with the reply of CPIO, the appellant preferred an appeal on 08.08.2014 with regard to point No. 3 & 4. FAA vide his order dated upheld the decision of CPIO.

The respondent stated that complete information as available on record has already been provided to the appellant and there is nothing further available which can be furnished to the appellant.

Decision:-

After hearing the respondent and on perusal of record, the Commission concludes that information sought and as available on record in all the above mentioned appeals has been furnished to the appellant and no further action is required in the matter.
The appeals are disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(V.D. Naniwadekar) Designated Officer Copy to:-
Central Public Information Officer Nodal Officer - RTI Cell, Atomic Energy Regulatory Board, Niyamak Bhawan, Anushakti Nagar, Mumbai-400094 (Maha.). Dr. D. Dhaya Devadas President - FIPMI, 1/580, 7th Street, Veerabathran Nagar, Mambakkam Main Road, Medavakkam, Chennai-600100 (Tamil Nadu).