Central Information Commission
R Sudhakaran vs Nlc India Ltd. on 7 March, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/NLCOR/C/2023/118144
Shri R Sudhakaran निकायतकताग /Complainant
VERSUS/बनाम
PIO, NLC India Ltd. ...प्रनतवािीगण /Respondent
Date of Hearing : 07.03.2024
Date of Decision : 07.03.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from complaint:
RTI application filed on : 30.03.2023
PIO replied on : 11.04.2023
First Appeal filed on : - -
First Appellate Order on : - -
2ndAppeal/complaint received on : 14.04.2023
Information soughtand background of the case:
The Complainant filed an RTI application dated 30.03.2023 seeking information on the following points:-
1. Provide total amount of CSR Fund allocated by NLCIL for 2021-2022-2023 as information
2. CSR Fund amount allocated by NLCIL -Provide the names of the projects implemented, Cuddalore district areas as information.
3. Provide the amount of pending CSR Fund (2021-2023) earmarked by nlcil as annual information.
4. Provide details of NLCIL, Neyveli CSR COMMITTEE ALL MEMBERS AND THEIR POSITION OF COMMITTEE
5. Provide contact address details of central/state officers supervising and monitoring the projects being carried out through CSR fund.
6. Provide details of Central/State Departments implementing CSR fund as information
7. Provide details of Non Government Organisations. Non Profit Organisations to be implemented by CSR fund as information
8. Provide information about the works and projects currently being carried out in Cuddalore district areas through CSR FUND Page 1 of 4
9. Provide details of Vigilance Officers/Employees in NLCIL, Neyveli Names, Positions, Contact Nos. Emails."
The CPIO, NLC India Ltd., vide letter dated 11.04.2023 replied as under:-
Information furnished:1 The total amount of CSR fund allocated by NLCIL for 2021-2022-2023 is furnished below:
Financial Year Amount Allocated
Rs. in Cr.
2021-22 40.80
2022-23 39.65
Information furnished:2
The list of activities/Projects/Programmes carried out by NLCIL under CSR in Cuddalore District in FY 2021-2022, along with the amount spent against each activity are provided in Annual Report which is made available in the company's website https://www.nlcindia.in/new_website/index.htm For the year 2022-23, preparation of Annual Report is under process, after obtaining approval, the data will be provided in the website. Information furnished:3 For FY 2021-2022, the details are provided in Annual Report which is made available in the company's website https://www.nlcindia.in/new_website/index.htm For the year 2022-23, preparation of Annual Report is under process, after obtaining approval, the data will be provided in the website https://www.nlcindia.in/new_website/index.htm Information furnished 4:
The details of NLCIL CSR Committee and their Position are available in the Company's website https://www.nlcindia.in/new_website/index.htm Information furnished:5 NLCIL's CSR projects are being monitored by CSR Committee of Board and the details are available in the Company's website https://www.nlcindia.in/new_website/index.htm Information furnished 6:
NLCIL's CSR projects are being implemented either directly by NLCIL or through implementing agencies the details are available website https://www.nlcindia.in/new_website/index.htm. in the Company's Information furnished:7 The details of implementing agencies of NLCIL's CSR projects are available in the company's website https://www.nlcindia.in/new_website/ index.htm Information furnished:8 For the year 2022-23, preparation of Annual Report is under process, after obtaining approval, the data will be made available in the website https://www.nlcindia.in/new_website/index.htm Information furnished:9 The requested details are available in the company's website https://www.nlcindia.in/new_website/index.htm."Page 2 of 4
Dissatisfied with the response received from the CPIO, the Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
A written submission has been received from the CPIO, NLC India Limited, Neyveli vide letter dated 27.02.2024 wherein the replies available on record were reiterated.
Hearing was scheduled after giving prior notice to both the parties.
Complainant: Present through video conference Respondent: Shri A J Thirukumar - CPIO was present through video conference during hearing.
Both parties are heard and reiterated their respective contentions as mentioned in the documents hereinabove, with the Respondent affirming that the queries raised by the Complainant have been duly responded with information available on record, answering the queries raised by the Complainant, in terms of the provisions of the RTI Act.
Decision:
Upon perusal of the records of the case and after hearing the averments of the parties it is noted that the Respondent had furnished information as available on record and as permissible under the provisions of the RTI Act. Since the Complainant has chosen to approach the Commission with this Complaint under Section 18 of the RTI Act, the only question which requires adjudication is whether there was any willful concealment of information. From the deliberation between parties, it appears that the Respondent had sent responses based on information available on record with them, in terms of the provisions of the RTI Act, 2005. Therefore, no question of deliberate or wilful denial of information arises in this case.
It is pertinent to place reliance on the judgment of the Hon'ble Supreme Court of India in the case of Chief Information Commissioner and Another v. State of Manipur and Anr. in Civil Appeal Nos. 10787-10788 of 2011 dated 12.12.2011, relevant extract whereof is as under:
"...30. ...The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20. However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide."
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."Page 3 of 4
In the given circumstances, the Commission is of the opinion that since information was provided by the Respondent suffers no legal infirmity, there is no deliberate or malafide denial or concealment of information by the Respondent in this case. Hence, no action under Section 18 of the RTI Act is required.
The case is disposed off as such.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4