Central Information Commission
N Pauldurai @ Perumal vs Department Of Atomic Energy on 15 March, 2019
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/DOATE/A/2018/141465
N Pauldurai @ Perumal ... अपीलकताग/Appellant
VERSUS
बनाम
1. CPIO, Department of Atomic ...प्रनतवािीगण /Respondents
Energy, Mumbai.
2. CPIO, Ministry of Mines,
Shastri Bhawan, New Delhi.
Relevant dates emerging from the appeal:
RTI : 30.04.2018 FA : 18.05.2018 SA : 26.06.2018
CPIO : 14.05.2018 (RTI
FAO : 19.06.2018 Hearing : 07.03.2019
transfer)
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Department of Atomic Energy, Mumbai seeking information pertaining to the percentage of monazite allowed in the export consignment of Garnet and Ilmenite fixed by the Government of India or any other agency along with a copy of the notification fixing the percentage of monazite.
Page 1 of 42. The appellant filed a second appeal before the Commission on the grounds that the CPIO has incorrectly transferred the RTI application to the Ministry of Mines as the information sought for should be available with the Department of Atomic Energy. The appellant requested the Commission to direct the CPIO to provide the information sought for to him.
Hearing on 07.03.2019:
3. Shri K.S. Mahadevan, the appellant's advocate and the respondent Ms. Rima Puri, Section Officer, Ministry of Mines, New Delhi were present in person. The respondent Shri Krishnakumar V, PIO and Under Secretary (I&M), Dept. of Atomic Energy, Mumbai, attended the hearing through video- conferencing.
4. The appellant submitted that the CPIO has incorrectly transferred the RTI application under Section 6(3) of the RTI Act to the CPIO, Ministry of Mines as the information sought for should be available with the Department of Atomic Energy. The appellant stated that the PIO, DAE, vide letter dated 29.01.2019, had stated that there was no clarity on the threshold value of monazite quantity/percentage of monazite allowed in the export consignment of Garnet and Ilmenite fixed by the Govt. of India, which implied that the DAE was aware as to whether there was a threshold or not. Further, export of Garnet and Ilmenite had been taking place even before the issuance of notification dated 21.08.2018 by Directorate General of Foreign Trade (DGFT), M/o Commerce and Industry canalizing the export of Beach Sand Minerals (BSM) through Indian Rare Earths Limited (IREL). The appellant clarified that he wanted to know whether, as on the date of the RTI application, the Atomic Minerals Directorate, Department of Atomic Energy or Government of India had fixed a Page 2 of 4 threshold value of monazite quantity/percentage of monazite in the export of Garnet and Ilmenite. Further, in his view, this information should have been available with the respondent authority.
5. The respondent from DAE submitted that the information sought by the appellant was not available with DAE at the time of receipt of the RTI application. Hence, the RTI application was transferred vide letter dated 14.05.2018 by the CPIO under Section 6(3) of the RTI Act to the CPIO, Ministry of Mines, New Delhi, for furnishing information to the appellant, directly. The respondent, however, sought some more time to make written submissions in the matter as to whether the percentage for export of monazite allowed in the export of Garnet is fixed in consultation with the Department of Atomic Energy as well as regarding the transfer of RTI application by the CPIO, DAE to the Ministry of Mines. The respondent further submitted that the appellant has been informed vide letter dated 29.01.2019 that when the RTI application was received during May 2018, there was no clarity about the threshold value of the Monazite quantity allowed in the export consignment of Garnet and Ilmenite fixed by the Govt. of India. Subsequently, DGFT has issued the notification dated 21.08.2018 designating IREL, a PSU under Dept. of Atomic Energy, as State Trading Enterprise (STE) for canalizing the export of BSM, a copy of which has also been provided to the appellant. Further, as per the SOP approved by DAE on 06.09.2018 in order to comply with the aforesaid notification, the percentage of permissible limit for export of BSM consignment is 0.25% Monazite equivalent.
6. The respondent from Ministry of Mines submitted that no such information regarding the percentage of Monazite allowed in the export consignment of Garnet and Ilmenite fixed by the Govt. of India is available with Page 3 of 4 the Ministry. Hence, the appellant's RTI application was transferred under Section 6(3) of the RTI Act to the CPIO, DGFT vide letter dated 17.05.2018 for providing necessary information to the appellant, directly.
Interim Decision:
7. The Commission, after hearing the submissions of both the parties and perusing the records, accedes to the request of the respondent and adjourns the matter to 11.04.2019 at 1.00 pm.
8. Copy of the interim decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्यसूचना आयुक्त) दिनांक / Date 08.03.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The Central Public Information Officer (CPIO), Department of Atomic Energy, Anushakti Bhawan, CSM Marg, Mumbai- 400001.
2. The Central Public Information Officer (CPIO), Ministry of Mines, Shastri Bhawan New Delhi- 110001.
3. Shri N Pauldurai @ Perumal Page 4 of 4