Central Information Commission
Sundaresan vs Ministry Of Development Of North ... on 31 May, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File Nos: CIC/DONER/C/2022/648097, CIC/DONER/C/2022/648142,
CIC/NRAMC/A/2023/610722 & CIC/NRAMC/A/2022/659397
Sundaresan ....Complainant/Appellant
VERSUS
बनाम
CPIO,
North Eastern Regional Agricultural
Marketing Corporation Ltd. 9, Rajbari Path,
Ganeshguri, Guwahati-781005. .........Respondents
Date of Hearing : 20.05.2024
Date of Decision : 31.05.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 24.07.2022 31.08.2022
11.08.2022
CPIO replied on : 11.08.2022 16.12.2022 No reply
First appeal filed on : Not on record 05.11.2022
25.09.2022
First Appellate Authority's : Not on record 29.12.2022 No order
order
2nd Appeal/Complaint dated : Nil Nil Nil
The appellant/complainant filed the above-mentioned Complaints/Second
appeals against the CPIO, North-Eastern Regional Agricultural Marketing
Corporation Ltd., Ganeshguri, Guwahati with respect to four RTI applications
seeking identical information. All cases are clubbed together for hearing and
disposal, to avoid multiplicity of proceedings.
Page 1 of 9
Information sought:
The Complainant filed an RTI application dated 24.07.2022/11.08.2022/31.08.2022 seeking the following information:
5.1 Information one; Have MDONER or its predecessors have prepared any annual report (and placed before Parliament) under Sec 619A/394 Companies Acts 1956/2019 after approval at the AGMs of annual reports prepared by NERAMAC and after the concerned AGMs approved the said annual reports of NERAMAC prepared by NERAMAC and placed before the said AGMS of NERAMAC by NERAMAC for approval by MDONER.
5.2) Information two; information on the same may be furnished or a categorical reply as furnished by Ministry Power may be furnished - which if furnished would mean that MDONER like Ministry POWER is flouting laws on accountability since 1956.
5.3) Information three; if such a categorical reply cannot be furnished -- please furnish the said annual reports so prepared year wise by central govt REPEAT CENTRAL GOVT under the said sec 619A/394 and placed before Parliament and the date of so placing.
5.4 ) information four; the President of India owns almost 100% shares of the company - who was authorized to attend the AGMs and adjourned AGMS of NERAMAC for 1988-89, 1989-90, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18, 2018-19, 2019-20, 2020-21 -names, designations and official addresses and the AGMs / adjourned AGMs for which he was appointed.
5.5) information five; names and details (e.g. designation, office addresses) of the authorities or committees (if committees, the committee members) who so appointed the authorized representative for each of the said AGMs / Adjoined AGMs.
5.6) information six; was the authority for each said AGM for each said year granted to the said representative to attend and vote in a particular manner as explained below or the authorized representative merely authorized to vote at his discretion or were some instructions given to him.Page 2 of 9
5.7) information seven; did the said authorized representatives attend the following AGMs or adjourned AGMs whose agenda included approval of accounts, audit reports, CAG reports, Board Reports;
•1988-89, • 1989-90 • 2011-12, • 2012-13, • 2013-14, • 2014-15, • 2015-16, • 2016-17, •2017-18, • 2018--19, • 2019-20, • 2020-21 5.8) information eight; were the accounts, audit reports, CAG reports, Board Reports etc. approved at the said AGMs / adjourned AGMs (pls state for each such year as stated at para 5.7).
5.9) information nine; did the authorized representative voted in favour or against on the said matter (approval of accounts, audit reports, CAG reports, Board Reports (pls state for each such year as stated at para 5.7).
5.10) information ten did the authorized representative act in accordance with the mandate granted to him in each of those years.
5.11) information eleven; did the authorized representative prepare a report after the meetings and to whom (name, designation and address.) 5.12) information twelve; ATR on the report.
5.13) information thirteen; who in the Ministry is responsible for preparing the said annual reports on NERAMAC (year wise) to enable responsibilities to be fixed for each flouting of law.
5.14) information fourteen; reasons if available for issuing instructions in a particular manner if issued and for voting in a particular manner.
5.15) information fifteen; ATR after the meetings i.e. after AGMs.
Page 3 of 95.16) information sixteen; ATRs after receipt of the accounts, audit reports, CAG reports, Board Reports for each year mentioned above before they were issued as a part of notice of the AGMs;
5.16.1) on receipt of copies forwarded to audit committee for approval of audit committee.
5.16.2) on receipt of copies forwarded to Board of directors for approval of Board of Directors.
5.16.3) on receipt of copies forwarded to members for approval of members at AGMs.
6). Your responses in accordance with the spirit and letter and law of transparency and accountability as enshrined in the RTI Act, 2005 may be furnished and if required you may contact me for clarifications.
The CPIO furnished a reply to the appellant/complainant on 11.08.2022 stating as under:
"North Eastern Regional Agricultural marketing Corporation (NERAMAC). Further details will be available on viewing the status of the above- mentioned new request registration number."
Further, the CPIO provided another reply to the appellant/complainant on 16.12.2022 stating as under:
"Reply to query no. 5.1: Yes, NERAMAC has prepared the Annual Report up to FY 2018-19 and placed before the AGMs/ Adjourned AGMs called for the respective financial years.
Reply to query no. 5.2: Copy of Annual Reports of NERAMAC from FY 2007- 08 to 2014-15 had already furnished to you vide letter no. ADMN/179/RTI/Pt-11/958 dated 16.11.18. Copy of Annual Reports from 2015-16 to 2019-20 are in process of laying before the Houses of Parliament and will be subsequently available on the Company's website.
Reply to query no. 5.3: Same as reply to query no. 5.2.
Reply to query no. 5.4 to 5.12: Information sought is held up by this office in fiduciary capacity and hence cannot be disclosed pursuant to section 8
(e) of the RTI Act, 2005."Page 4 of 9
Being dissatisfied, the appellant filed a First Appeal dated 05.11.2022. The FAA vide its order dated 02.01.2023. held as under:-
"Please refer to DOPT OM no. 10/2/2008-IR dated 12/06/2008, wherein it has been clarified that if a person makes an application to a public authority for some information which is the concern of a public authority under any State Government or the Union Territory Administration, the Central Public Information Officer (CPIO) of the public authority receiving the application should inform the applicant that the information may be had from the concerned State Government/UT Administration. Application, in such a case, need not be transferred to the State Government/UT Administration. Moreover, the instructions on the home page of the portal clearly indicate viz. Please do not file RTI applications through this portal for the public authorities under the State Governments, including Government of NCT Delhi. If filed, the application would be returned, without refund of amount. Accordingly, your RTI application, which is the concern of a public authority under any State Government, is returned herewith. You may file the same before the concerned public authority under the State Government.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present through video conference Respondent: Shri Sanjiv Kumar Rai, Company Secretary & CPIO appeared in person.
The complainant inter alia submitted that he was not satisfied with the replies given by the respondent. He pleaded that he has filed RTI application to Ministry for Development of North-Eastern Region (MDONER) which has been arbitrarily transferred to the respondent. The complainant stated that information sought should have been provided by MDONER and therefore prayed for direction to them to provide complete information.Page 5 of 9
The respondent while defending their case inter alia submitted that reply was given to the complainant vide letter dated 11.08.2022. They further submitted that after receipt of hearing notice they had provided updated, revised point- wise reply/information to the complainant which is reproduced as under:
"Revised Reply to RTI Application no. NRAMC/R/T/22/00001 received on 11.03.2022 transferred to NERAMAC from Ministry of Donner vide request No. DONER/R/E/22/00023 Information sought under your abovementioned RTI application is not clear, however please find below, the point wise reply based on our reading and information available in the records of NERAMAC:
1. Reply to point no. 5.1: NERAMAC has prepared and forwarded to the Administrative Ministry the copy of the Annual Report as required to be prepared under the provisions of the Companies Act 2013 up to FY 2021-
22. The copy of Annual Reports is forwarded to the Administrative Ministry after its adoption by the AGM for laying in the Parliament. Copy of Annual Reports as laid in the Parliament are available on the website of the Company at https://neramac.com/annual-report.
2. Reply to point no. 5.2: Copy of Annual Report approved by the AGM and laid in the Parliament by the Administrative Ministry are available at https://neramac.com/annual-report.
3. Reply to point no. 5.3: Copy of Annual Report approved by the AGM and laid in the Parliament by Administrative https://neramac.com/annual- report. Ministries are available at https://neramac.com/annual-report.
4. Reply to point no. 5.4: Reply is enclosed as Annexure-l
5. Reply to point no. 5.5: The authorized representatives were appointed by the Administrative Ministry pursuant to section 112 of the Companies Act 2013.
6. Reply to point no. 5.6:For the purpose of participating in the AGM, the representative(s) of President of India are appointed under section 112 (1) of the Companies Act 2013 and entrusted with such rights and powers as prescribed under section 112(2) of the Companies Act 2013.
7. Reply to point no. 5.7: Details of authorized representative who attended the AGM for the respective years enclosed as Annexure-l
8. Reply to point no. 5.8: Information furnished at enclosed Annexure-l
9. Reply to point no. 5.9: Information furnished at enclosed Annexure-l Page 6 of 9
10. Reply to point no. 10: The Authorized Representatives acted in accordance with the provisions of section 112 of the Companies Act 2013.
11. Reply to point no. 5.11 to 5.15: The information sought is not available with NERAMAC.
12. Reply to point no. 5.16: No such ATR available in records."
In addition to the above, the respondent had filed detailed written submission dated 20.05.2024 stating complete facts of the case which is reproduced as under:
"1. That the Appellant (T.V. Sundaresan) filed number of RTI applications to NERAMAC and also through various Public Authorities of Govt. of India transferred to NERAMAC. The information sought in all the applications are largely similar in nature and often lack clarity, ambiguous and it is more of an observation (s) alleging that NERAMAC has perpetuated fraud without seeking specific Information.
2. That the NERAMAC replied to all the RTI Applications received from the applicant or transferred from other Public Authorities concerning the applicant to the best of its understanding and supplied vintage documents pertaining to 1980s and 1990s as available in the records.
3. Further, it is worthwhile to mention that, the Appellant is a former employee of NERAMAC.As per records, he served as Financial Advisor cum Company Secretary (Acting) in NERAMAC during FY 1989-90. It has been observed that, since 2017, he is filing frequent RTI Applications to NERAMAC and other Public Authorities, raising complaints against NERAMAC rather than seeking information (as mentioned earlier). His voluminous RTI applications on many occasions largely contain matters which are either not related to NERAMAC or infructuous.
4. However, it has been observed that frequently his applications are related to seeking Annual Reports/Directors Reports/Audit Reports and minutes of the General Meetings/Board of Directors meetings. In this respect, it submitted that, NERAMAC has already furnished the copy of Annual Reports from FY 1983-84 to FY 2009-10 (laid in the Parliament) towards reply to the forwarded RTI Appeal no. LOKSS/A/2018/60173 dated 27.10.2018 vide our reply ADMN/179/RTI/Pt-II/- 1177 dated Page 7 of 9 31.12.2018. Whereas copies of Annual Report for the FY 2007-08 to FY 2014-15 vide letter no. ADMN/179/RTI/Pt-II/958 dated 16.11.2018. Whereas, Minutes of AGM for FY 1989-90 to FY 2014-15 (Excluding for FY 2011-12, 2012-13 and 2013-14) vide reply ADMN/179/RTI/Pt-II/958 dated 16.11.2018. All these documents are furnished to the applicant free of cost.
5. Annual Report of NERAMAC inter-alia comprises Directors' Report, Audit Report of the Statutory Auditors, C&AG Comments and the Audited Financial Statement and made public after its approval and adaption by the Shareholders and laying in the Houses of Parliament. All the approved copy of Annual Reports of NERAMAC are available on the website of NERAMAC at https://neramac.com/annual-report for public viewing. The same has also repeatedly been informed to the appellant.
6. In respect to the RTI application under appeal, NERAMAC received the transferred application from Ministry of DoNER and replied to it over RTI MIS Portal. However, on further scrutiny of the documents available in records, a revised point-wise reply has been furnished to the appellant on 20.05.2024 vide letter no. ADMN/RTI FILE/Part-IV-157 Through post vide receipt no ES0429 2786IN.
Copy of Revised Reply attached for your kind reference.
7. PRAYER:
That the information sought by the applicant has been furnished to the best of his satisfaction as per the available records. Whereas, appellant repeated RTI Applications are more of complaint applications even containing irrelevant and hypothetical facts of conspiracies and involvement in fraud not covered under the definition of "Information" as defined RTI Act, 2005. Therefore, considering the above facts, the appeal of the appellant should not be entertained and be disposed of please."
On a query from the Commission, the Respondent informed that the Appellant Shri Sundaresan is a former employee of NERAMAC which also is a Public Authority wherein, his designation at the time of retirement was Financial Page 8 of 9 Advisor and he also had charge of Company Secretary but did not possess the qualification of a Company Secretary.
Decision The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the respondent has replied to the RTI application vide letters dated 11.08.2022, 16.12.2022 and 02.01.2023. Further, after receipt of hearing notices, updated, revised point- wise information or reply is given to the appellant/complainant vide letter dated 20.05.2024, copy of the same along with annexures are placed on record.
A perusal of the record reveals that there was no mala fide on part of the respondent while replying the RTI applications and the first appeals. Therefore, the Commission is not inclined to consider any penalty proceedings in the instant cases. The Commission finds that appropriate reply has been given by the respondents and interference of the Commission is not called for in these matters.
The appeals and complaints are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानित सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, North Eastern Regional Agricultural Marketing Corporation Ltd. 9, Rajbari Path, Ganeshguri, Guwahati - 781005 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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