Central Information Commission
Shyam Poddar vs Ministry Of Corporate Affairs on 22 August, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/MOCAF/A/2019/643470/01429
File no.: CIC/MOCAF/A/2019/643470
In the matter of:
Shyam Poddar
...Appellant
VS
Central Public Information Officer
Investor Education and Protection Fund Authority
Ministry of Corporate Affairs
Ground Floor, Jeevan Vihar Building,
3, Sansad Marg, New Delhi - 110 001
... Respondent
RTI application filed on : 19/03/2019 CPIO replied on : 14/05/2019 First appeal filed on : 27/05/2019
First Appellate Authority order : 04/06/2019 Second Appeal dated : 11/06/2019 Date of Hearing : 22/08/2019 Date of Decision : 22/08/2019 The following were present:
Appellant: Present alongwith Miss Shweta, present in person Respondent: Shri Dinesh Kumar Dixit, DGM and CPIO, present in person Information Sought:
The appellant has sought the following information/documents including action taken report regarding unclaimed dividend along with interest accrued, if any, transferred by Cummins India Limited ("Company") to IEPF Authority for the year 2001 to 2011 with respect to 27720 shares:1
1. Detail of Unpaid/Unclaimed dividend along with interest accrued, transferred to IEPF Authority by the Company for Year 2001 till 2011 with respect to 27720 shares held by Late Shri. Motilal Saraf under folio No. M005065, current shareholder Mr. Shyam Poddar S/o Late Shri. Motilal Saraf.
2. Detail of Unpaid/Unclaimed dividend along with interest accrued, entered in the Register maintained by the IEPF Authority, for Year 2001 till 2011 with respect to 27720 shares held by Late Shri. Motilal Saraf under folio No. M005065, current shareholder Mr. Shyam Poddar S/o Late Shri. Motilal Saraf.
3. Documents/information of Unpaid/Unclaimed dividend along with interest accrued, transferred to IEPF Authority by the Company for Year 2001 till 2011 with respect to 27720 shares held by Late Shri. Motilal Saraf under folio No. M005065, current shareholder Mr. Shyam Poddar S/o Late Shri. Motilal Saraf..
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO. The CPIO reiterated the contents of the reply dated 14.05.2019. He further submitted that the shares have not been officially transferred to the appellant hence the information remains as third party information. The appellant submitted that the CPIO had given partial information and after that, the FAA claiming exemption u/s 8(1)(j) of the Act is contradictory. He also drew attention of the Commission of the court decision in his favour where the court has held that the shares of Mr. Motilal Saraf stand transferred to him. The CPIO submitted that the information of a third party was shared with the appellant bonafide. However, for any further details he should follow the proper procedure for transfer and then approach their office for information regarding Mr. Saraf.
Observations:
Based on a perusal of the records, and based on the averments of the parties, it is noted that an appropriate reply was given at the relevant time.The appellant, having received the court decision in his favour should follow the proper procedure for transfer of share certificates which is available on the website.2
File no.: CIC/MOCAF/A/2019/643470 Decision:
In view of the submissions of the CPIO, the Commission finds no scope for any intervention in the matter. The Commission accordingly upholds the submissions of the CPIO. No further action lies.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3