Central Information Commission
Kinshuk Ganguly vs Cbi on 15 April, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CBRUI/A/2022/634704
KINSHUK GANGULY ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
CENTRAL BUREAU OF INVESTIGATION,
RTI CELL, POLICY DIVISION, 27,
NORTH BLOCK, NEW DELHI-110001. .... ितवादीगण /Respondent
Date of Hearing : 13/04/2023
Date of Decision : 13/04/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 28/04/2022
CPIO replied on : 17/05/2022
First appeal filed on : 21/05/2022
First Appellate Authority's order : 24/06/2022
2nd Appeal/Complaint dated : 25/06/2022
Information sought:
The Appellant filed an RTI application dated 28/04/2022 seeking the following information:1
"Sub: Request for Trade Agreements Between GOVERNMENT OF INDIA (MINISTRY OF CORPORATE AFFAIRS) and MEDICA GROUP OF COMPANIES (New Company created in ROC of different states of India Post COVED 19 from 2019 to 2022 ) .Sources of Fund Sale of HEALTH Products : Health care . EXPORT and LMPORT Compliance . Job Contract of Manufacturing Product . Labour Law compliance (New Investors Source of Fund and Due Diligence investigation) . Trade License and Business area rule related to Trade License pricing agreement with Central Government Statutory Body . MOA and AOA and other business Mal: if any unlisted paid-up share capital sources and mode of sources ED and CBI investigation . Suspect of violation of RBI and SEBI Act including FEMA and Blockage of Bank Loan and generating non performing assets by RBI (Financial Appel Body of GOD & West Bengal State Acts in relation to ROC Kolkata (Company Secretaries / Chartered Account's (DSC Used)of creating such a Group of Companies since 2019 to 2022 investigation of fund flow of them and all related Bank Accounts and other mode) Data and information along with the Business Agreements as per captioned subject matters of the following MEDICA group of Companies (ROC registration from 2019 to 2022) including the verification of following Companies actual existence and addresses of specific Registered company in all states as per Municipality Acts / City Corporation Acts required:2 3
Following list of Directors / Management Staff I Promoters actual identification by Aadhar Cards (The Bio Me Unique Identification of Indian Citizen) direct or indirect source of share capital investment (Suspected Money Laundering Big Scam with the Over stated Medica group of Companies required :
1. S.A_NTOSH VISHWAS AGHANIKAR
2. RACHANA SANTOSH AGHAMKAR.
3. RAM MILAN MAHTO
4. SHAIKH SAIFULLAH SADIQUE
5. SHAIKH ILLY AS ABBASE
6. DILIP KUMAR NIESHRA
7. NLANEESH KUMAR PATHAK 8 MANISH KUMAR SRIVASTAVA
9. JAYA SRIVASTAVA
10. POOJA HARD1K PFIHADIA
11. NFIIN ASHOKBHAI PATIL
12. ABHUIT TIPADHYAYA
13. KRISHAN RAJBHAR
14. VISHAL KUMAR 4 The CPIO furnished a reply to the appellant on 17.05.2022 stating as under:
"Please refer to your online RTI. application bearing Registration No CBIMH/R/E/22/00192 dated 28.04.2022 on the above noted subject, which was received by the office of the undersigned on 02.05.2022, on its transfer u/s 6(3) of the RTI Act, 2005 by the CPIO-cum-SP(Hqrs.), CBI Head Office, New Delhi.
It is to be intimated that the information sought vide your RTI application Is not available with this office. Hence, your RTI application is disposed off accordingly."
Being dissatisfied, the appellant filed a First Appeal dated 21/05/2022. FAA's order, dated 24/06/2022, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal stating as under:
"Sub: Ref First Appeal of RTI Application No. CBIMH/A/E/22/00052 & Order No. 22/(141) /2022/156A/2022/(A)/2022-PD/409 Respondent's RTI First Appeal Reply is not satisfactory. Second Appeal to CIC for transparent reply in view of Public Interest legation during the COVID 19 (The Epidemic) period.
Request for Trade Agreements Between Medica Group of Company as attached with the application _ and Other OPC and Ministry of Corporate Affairs (Register of Company a Company )Controlling body of GOVERNMENT OF INDIA) _Sources of Paid-up Share capital and other fund inflow to all related companies name start with sample company ; MOA and AOA including all details of Medica Group of Company name started with "Medica " the company name changed or soon they will wind up when the fund will be in there individual hand especially if any pharmaceutical , health care and health service . in the name of Society these OPC are siphon the public funds and compelled Indian Citizen and along with foreign delegates during COVID 19 along with MP and MLA and Government apex body people and played with life and money. Data and information along with the Business Agreements, fund inflow and outflow from Date of Incorporation, Preliminary expenses paid to ROC as per the captioned subject matters of the following sample Companies required as attached RTI application and Reply.
This kind of crime and fraud by show-off social welfare. Mainly this a conspiracy may be from outside the country to destroy us in Asia, just like Sri Lanka (Economic Deep Recession leads to MP , MLA mass killing or suicidal tendency 5 This type of companies have taken opportunities of COVID 19 Period and the main focus must be strike of companies , where the deal of unaccounted money used to increase individual net worth by not only tax revenue evasion of Central and Sate Government but made India a very much backward in context of global economy as well as state based employment potentials in Private and Government Sector and Governments are compelling to subsidise all losses of revenue for the general and BPL people of India . That means this type of corruption in MCA lower level staffs were online usage of leave period of COVID 19 instigated corruption. Not only COVID 19 period but before that was a conspiracy to paralyze central and state health authorities to work for the people of India. It was a plan to kind Indians as we have no such level of latency in down the line of CL1 (Cost of Leaving Index). Actually it was a business from the giants to humanity, just a mass killing not only by stopping heart beating but to take away money from our Old aged people to finish the next generation and the wealth earned by long struggle of service to help the Indian future, little once to achieve the target which is still not getting into near the goal since 1947.
Requesting you with full investigation based on sample data. MCA data base for public information is not enough to fight and win against corruption. As Indian and patriot and in Government Service we must do some small good thinks which will build a nation and will give dividend to our next generation to create and maintain our values. It's the only way to go ahead before USA, China, Japan , UK etc."
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent: Balbir Jain, AIG(Policy) & CPIO present in person.
The CPIO submitted that the Appellant was duly informed that the information sought for by him is not available in CBI.
The Appellant at the outset stated that he has filed his written submissions with the Commission and wants the CBI to respond to the same. Upon being apprised that no such written submission is available on record, the Appellant seemingly ignored the observation of the Commission and continued to harp that he has filed written submissions. Despite repeated instance of asking the Appellant to state in brief the contents of his written submissions, he made statements that lacked clarity and coherence. The sum and substance of the Appellant's 6 statements thereafter was in the form expressing rhetoric against the functioning of the averred companies and wanted some joint investigation in the interest of the masses.
Decision:
The Commission at the outset observes that the Appellant is gravely misguided about the mandate of the RTI Act as his grounds of Second Appeal do not ask for any relief permissible under the RTI Act.
Similarly, the Commission is at a loss to comprehend as to what case is being made against CBI in the instant matter since the information sought for in the RTI Application has nothing to do with CBI. For the said reason, the RTI Application of the Appellant filed with CBI does not even qualify under Section 6(1)(a) of the RTI Act.
Having observed as above, the Commission does not find any case of obstruction to information caused to the Appellant in the instant matter. As for the insistence of the Appellant to "investigate" into the funds etc. of the averred companies, he is advised about the powers of the Commission under the RTI Act by relying on certain precedents of the superior Courts as under:
The Hon'ble High Court of Delhi in the matter of Hansi Rawat and Anr. v. Punjab National Bank and Ors. (LPA No.785/2012) dated 11.01.2013 has held as under:
"6. ....proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished."(Emphasis Supplied) The aforesaid rationale finds resonance in another judgment of the Hon'ble Delhi High Court in the matter of Govt. of NCT of Delhi vs. Rajender Prasad (W.P.[C] 10676/2016) dated 30.11.2017 wherein it was held as under:
"6. The CIC has been constituted under Section 12 of the Act and the powers of CIC are delineated under the Act. The CIC being a statutory body has to act strictly within the confines of the Act and is neither required to nor has the jurisdiction to examine any other controversy or disputes."7
While, the Apex Court in the matter of Union of India vs Namit Sharma (Review Petition [C] No.2309 of 2012) dated 03.09.2013 observed as under:
"20. ...While deciding whether a citizen should or should not get a particular information "which is held by or under the control of any public authority", the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get informationin possession of a public authority...." (Emphasis Supplied) Having observed as above, no action is warranted in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 8