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P Stanely Babu vs Department Of Scientific & Industrial ... on 24 October, 2024

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/DOSIR/A/2023/136670.

Shri P STANELY BABU.                                         ... अपीलकताग/Appellant
                                 VERSUS/बनाम

PIO,                                                    ...प्रनतवािीगण /Respondent
Department of Scientific & Industrial Research.


Date of Hearing                        :   22.10.2024
Date of Decision                       :   22.10.2024
Chief Information Commissioner         :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :        15.06.2023
PIO replied on                    :        30.06.2023
First Appeal filed on             :        11.07.2023
First Appellate Order on          :        08.08.2023
2 Appeal/complaint received on
 nd                               :        11.09.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 15.06.2023 seeking information on following points:-

"I supplied coal to SEPC Power P Ltd, Hyderbad in May 2022. One of the Agreement terms is that "Sampling and Analysis Report be issued by CIMFR, Dhanad, at discharge port, Tuticorin". CIMFR had entered into Sampling Agreement with SEPC on 22.04.2022 to do the sampling of Coal supplied by my company, Jayam Tech, to SEPC from Tuticorin port. Based on the same, CIMFR did sampling of coal and analysis that was supplied by my company to SEPC in May 2022. So, I become a party to such Agreement between CIMFR and SEPC directly (or) indirectly because my business interest rests with that. I sent several letters to CIMFR, Dhanbad and SEPC Power P Ltd to provide me a copy of the Sampling Agreement dated 22.04.2022, but in vain. I herewith enclose Copy of my Agreement with SEPC dated 03.05.2022 for your reference. With this said backdrop, I make this RTI Application to you to provide me a Copy of the Coal Sampling Agreement dated 22.04.2022 that was entered into between CIMFR, Dhanbad and SEPC Power P Ltd. I would be obliged."

The CPIO, Chief Scientist, CSIR, Dhanbad vide letter dated 30.06.2023 replied as under:-

"I am to refer to your Request for Information under RTI Act 2005, received vide letter dated 15th June, 2023 and to say that the information sought by you in your RTI Application has already been replied for M/s Jayam Tech to Mr. T. P. S. Pon Kumaran on 10.01.2023. Further this is to update you again below-

(a) Section 8.1(d) and Section 11 of the RTI Act- 2005, prohibits such information to be provided to any third party.

(b) Clause S 9.0 of bilateral Agreement between CSIR-CIMFR and SEPC Power Pvt. Ltd. Dated 24/04/2022 restricts such information to be provided.

(c) Response received from SEPC "not to be provided". Keeping in view the above the information desired by"

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.07.2023. The FAA vide order dated 08.08.2.2023 upheld the reply of the CPIO.

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

Facts emerging in Course of Hearing:

Appellant: Absent Respondent: Dr Rajesh Kumar, CPIO The CPIO reiterated the contents of the reply dated 30.06.2023 and further referred to the written submission dated 08.10.2024 wherein it was stated that information sought by the Appellant contains trade secret and is exempted from disclosure of information under article 8(1) d of RTI Act-2005. This had been informed to Shri P. Stanley Babu by the CPIO, CIMFR- Dhanbad in his letter dated 30.06.2023 and same has been also been conveyed by 1st appellate authority in his letter dated 08.08.2023.

Decision:

Upon the perusal of the case records, Commission observes that the information sought by the Appellant is exempted from disclosure under Section 8(1)(d) RTI Act 2005 and the CPIO has given the appropriate reply to the Appellant. Hence no intervention of the Commission is required. Thus, the Appeal stands disposed off.

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) Page 2 of 3 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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