Central Information Commission
Asif Khan vs Quality Council Of India on 12 April, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/QCIND/A/2023/109396
Asif Khan .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Quality Council of India,
2nd Floor, Institution of
Engineers Building, B.S. Zafar
Marg, New Delhi - 110002 ....प्रनर्वािीगण /Respondent
Date of Hearing : 10-04-2024
Date of Decision : 12-04-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 10-11-2022
CPIO replied on : 09-12-2022
First appeal filed on : 29-12-2022
First Appellate Authority's order : 02-02-2023
2nd Appeal/Complaint dated : 15-02-2023
Information sought:
The Appellant filed an RTI application dated 10-11-2022 seeking the following information:
"इन्ट्राटे क इण्डिया प्रा.लि. कायाािय मुम्बई के द्वारा गाांधीधाम (गुजरात) ण्थित िेबोरे टोररज के लिए Certificate of Accreditation प्राप्त करने हेतु एनबीएि कायाािय में जो अपने कमाचाररयों ण्जसमें िेब टे ण्ननलियन एवां अन्ट्य कमाचाररयों Page 1 of 7 की जो सूची एवां उनकी िैक्षणिक एवां तकनीकी योग्यता के प्रमाि पत्र प्रथतुत ककये गये है समथत की दथतावेजों की सत्य प्रमाणित प्रततलिपप प्रदान करें ।"
The CPIO furnished a reply to the Appellant on 09-12-2022 stating as under:
"इांटरटे क इांडिया प्राइवेट लिलमटे ि द्वारा उनकी गाांधीधाम (गुजरात) प्रयोगिािा की प्रत्यायन (accreditation) के लिए प्रथतुत ककये गये "प्रयोगिािा तकनीकज्ञ (lab technician) और अन्ट्य कमाचाररयों की सूची एवां िैक्षक्षक और तकनीकी योग्यता (यदद कोई है) के प्रमाि पत्र" गोपनीय हैं, तिा प्रयोगिािा द्वारा एन.ए.बी.एि को प्रत्ययी क्षमता (fiduciary capacity) में प्रथतुत ककये गये हैं।
तिा, कमाचाररयों की िैक्षणिक एवां तकनीकी योग्यता कमाचाररयों की व्यण्नतगत जानकारी है ।
अतः आपके द्वारा माांगे गये दथतावेजों की प्रमाणित प्रतत को सूचना के अधधकार अधधतनयम, 2005 की धारा 8 (1) (e) और धारा 8 (1) (j) के तहत उद्घादटत (disclose) नहीां ककया जा सकता है ।
तिा, यह दथतावेज गैर-प्रकटीकरि (non- disclosure) दथतावेज श्रेिी के अांतगात आते हैं ण्जसका उल्िेख भारतीय गुिवत्ता पररषद (QCI) की वेबसाइट पर तनम्नलिणखत लिांक के तहत ककया गया है :
https://qcin.org/public/uploads/ckdocs/Statement%20of%20the%20cate gories%20of%20documents%20held%20or%20under%20control.pdf "
Being dissatisfied, the appellant filed a First Appeal dated 29-12-2022. The FAA vide its order dated 02-02-2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Represented through Shri Zakir Khan present through video- conference.Page 2 of 7
Respondent: Dr. Hari Prakash, Director/CPIO accompanied with Shri P.X. Xavier, Dy. Director/PIO, Shri Neeraj Verma, Asst. Director/APIO and Ms. Shilpa Khanna, A.O./APIO present in person.
Written submissions of the Respondent are taken on record.
CPIO reiterated the contents of his written submission dated 02-04-2024 (copy marked to the Appellant), relevant extract of which are reproduced below -
b. Reply to RTI application: RTI application was received in O/o CPIO, QCI dated 18th November, 2022 for which reply was provided to applicant (in hindi language) through RTI reply vide letter No. QCIND/R/P/22/00046 dated 09th December, 2022 and applicant was apprised of the following facts-
⚫ information submitted by laboratory during process of accreditation i.e. list of lab technician and other employees and their educational and technical qualification is confidential information.
Also, the said list along with educational and technical qualifications of employees being personal and third party information and held with NABL in fiduciary capacity cannot be disclosed under Section 8 (1) (e) and Section 8 (1) (j) of RTI Act, 2005.
In this regard, applicant was also apprised of the fact that the said information has been mentioned under non disclosure document category on QCI website under following link: https://qcin.org/public/uploads/ck- docs/Statement%20of%20the%20categories%20of%20documents%20hel d%20or%20under%20control.pdf (due to QCI website updation the link has been revised as https://qcin.org/wp-content/uploads/2023/06/Annexure- B- Categories-of-documents-1.pdf) c. Brief of First Appeal and reply to First Appeal: Further, applicant had filed First Appeal which was received in QCI office dated 03rd January, 2023 citing that delayed response was provided by CPIO, QCI and requesting for information which was denied through RTI reply.
Page 3 of 7Through detailed reply to First Appeal (in Hindi language) vide reply letter No. QCIND/A/P/23/00003 dated 02nd February, 2023, following facts were mentioned-
• Response was provided by CPIO, QCI to applicant within stipulated time as defined under RTI Act, 2005.
NABL is a voluntary accreditation body and during the process of accreditation receives mation from laboratories under fiduciary capacity and the said information is held as confidential information.
Further, list of employees along with information pertaining to their educational and technical qualification is confidential and personal information of third party. Hence, the same cannot be disclosed under Section 8(1) (e) and Section 8(1)(j) of RTI Act, 2005.
ii. Submissions of NABL/QCI highlighting facts of the case:
a. Brief about NABL and it's role as an accreditation body-
⚫ National Accreditation Board for Testing and Calibration Laboratories (NABL) is a voluntary accreditation body, with its accreditation system established in accordance with ISO/IEC 17011. "Conformity Assessment-
Requirements for Accreditation bodies accrediting conformity assessment bodies."
NABL provides voluntaary accreditation services to:
➤ Testing & Calibration laboratories in accordance with ISO/ IEC 17025 'General Requirements for the Competence of Testing and Calibration Laboratories' ➤ Medical testing laboratories in accordance with ISO 15189 'Medical laboratories -Requirements for quality and competence' Page 4 of 7 ➤ Proficiency Testing Providers (PTP) in accordance with ISO/IEC 17043 "Conformity assessment General requirements for proficiency testing"
and ➤ Reference material producers (RMP) in accordance with ISO 17034 "General requirements for the competence of reference material producers".
⚫ NABL is a full member/signatory (since 2000) to International Laboratory Accreditation Cooperation (ILAC) as well as Asia Pacific Accreditation Cooperation (APAC)- Mutual Recognition Arrangements (MRA). Such international arrangements facilitate trade and exchange of business by acceptance of test/ calibration results from accredited labs in the countries which MRA partners represent.
b. Information/ documents pertaining to Intertek India Pvt. Limited submitted to NABL-
⚫ Through RTI application, applicant had sought information pertaining to list of employees including lab technician and other employees being employed by laboratory ie. Intertek India Pvt. Limited and details pertaining to their educational and technical qualification.
⚫ Even though the said laboratory is accredited by NABL, it is pertinent to mention that the said laboratory is a private laboratory and hence information which is received by NABL during the process of accreditation from laboratories is held with NABL under fiduciary capacity.
⚫ In this regard, as details sought were personal and third party, hence NABL invited submission from third party for disclosure or non disclosure of information.
⚫ As third party had denied sharing said information. Hence, reply was provided taaking into consideration provisions of RTI Act,2005.
c. Various CIC decisions taken into consideration while replying to applicant:
Page 5 of 7Quality Council of India would further like to submit that in few of the previous cases vide File No. CIC/QCIND/A/2019/603506 dated 28th April, 2020 (Mr. Balkishan Sharma V/s CPIO, QCI) and File No. CIC/QCIND/A/2020/140531 dated 10th February, 2022 (Mr. Sandeep Godara V/s CPIO, QCI) in which similar type of information was sought, the decision of CPIO, QCI was upheld by Hon'ble Information Commissioner. (Refer: Annexure- A & B) d. Response to apprehensions of applicant raised through second appeal:
Point no. 1 of Second Appeal- applicant has mentioned through said point that CPIO has denied information stating commercial confidence and trade secret of third party. However, it is pertinent to mention that through reply to said RTI application information was denied under Section 8(1) (e) and Section 8(1) (1) mentioning fiduciary and personal information.
Point no. 3 of Second Appeal:
➢ National Accreditation Board for Testing and Calibration Laboratories (NABL) does not provide sampling certificate to any laboratory as stated by applicant.
➢ Laboratory being referred in RTI application is a private laboratory.
➢ Third party submissions were invited before taking decision regarding disclosure of information.
➢ Further, there was no delay in providing response to RTI application and First Appeal application. RTI application was received in O/o CPIO, QCI dated 18th November, 2022 for which reply was provided to applicant through reply letter No. QCIND/R/P/22/00046 dated 09th December, 2022. Also, First Appeal was received in QCI office dated 03rd January, 2023 and detailed reply to First Appeal was provided through reply letter No. QCIND/A/P/23/00003 dated 02nd February, 2023.
Appellant's representative did not argue against the submissions of the CPIO.
Page 6 of 7Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, finds no infirmity in the reply furnished by the CPIO as the same was found to be inconsonance with the provisions of the RTI Act. Hence, intervention of the Commission is not warranted in this matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Dated:12-04-2024.
Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181827 Date Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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