Central Information Commission
Mr.Sanjeev Kapoor vs Ministry Of Power on 18 December, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2012/002581
Appellant Shri Sanjeev Kapoor
Public Authority NTPC
Date of hearing 18.12.2012
Date of decision 18.12.2012
Facts :-
Heard today dated 28.12.2012. Appellant present. NTPC is represented by Shri P.K. Yadav, Additional GM(CPIO).
2. It is noticed that vide RTI application dated 11.10.2011, the appellant had sought the following information regarding Annual Performance Related Payment(PRP) for the year 2010-11 :-
"Recently annual performance related payment(2010-2011) has been released by the company under various circulars. In this regard kindly provide the following information :
"
Performance related payment (PRP) S. No. Information required related to performance related payment 1.0 Total amount distributed/paid in the company 2.0 Total amount distributed/paid to Hon'ble CMD of the company 3.0 Total amount distributed/paid to all executives of the company 4.0 Total amount distributed/paid to all non-executives of the company 5.0 Total amount distributed/paid in the NTPC Anta 6.0 Total amount distributed/paid to executives in the NTPC Anta 7.0 Total amount distributed/paid to non-executives in the NTPC Anta 6.0 An amount distributed/paid to individual executive of NTPC-Anta with their name and post in the following Tabulated manner S. No. Name of Executive Post Amount paid before tax 7.0 An amount distributed/paid to individual non-executives of NTPC-Anta with their name and post in the following manner S.No. Name of Non-Executive Post Amount paid before tax 8.0 A copy of Board of Directors resolution with respect to executives and non-
executives in the matter of PRP 9.0 Calculation formula of PRP, parameters considered while formulating the scheme with respect to executive and non-executive. 10.0 Details of committee formed for the purpose of PRP. 11.0 A copy of other related documents, if any."
3. The CPIO had responded to it vide letter dated 9.12.2011 wherein he had provided information only on para 07 of the RTI application and had refused to disclose information on other paras under section 8(1)(e) & (j) of the RTI Act. On appeal, the Appellate Authority had dittoed the order of the CPIO vide letter dated 19.6.2012.
4. In my opinion, the view taken by the CPIO and the Appellate Authority is not sustainable in law and is liable to be set aside. Suffice to say that NTPC is a Public Sector Undertaking of the Central Government. The PRP paid to the Executive/employees comes out of the funds of NTPC which are public funds. The PRP is being paid from the public funds. Viewed thus, any citizen of the country is entitled to know the PRP paid to the Executives/employees of NTPC. In view of this, the orders passed by the CPIO and the Appellate Authority are set aside and the CPIO is hereby directed to disclose parawise information to the appellant minus para 07 regarding which information has already been provided. It may, however, be clarified that names of the Executives/non-executives and the PRP paid to the individuals need not be disclosed. Only broad statistical information is required to be disclosed. Importantly, in para 09, the appellant had sought calculation formula of PRP. This information, in particular, also needs to be disclosed.
5. This order may be complied with in 05 weeks time.
Sd/-
( M.L. Sharma ) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
( K.L. Das ) Deputy Registrar Address of parties :-
1. The CPIO, NTPC Ltd; NTPC Bhawan, Core-6, 6th Floor, Scope Complex, Lodhi Road, New Delhi-110003.
2. Shri Sanjeev Kapoor, s/o Sh. S.S. Kapoor, Presently at C-34, Dev Nagar, Opp: Kamal & Co; Tonk Road, Jaipur-302015.