S Alagar vs Nuclear Power Corporation Of India on 26 March, 2025

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Central Information Commission

S Alagar vs Nuclear Power Corporation Of India on 26 March, 2025

Bench: Heeralal Samariya

                                     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/NPCOI/A/2024/103975

Shri. S Alagar                                                ... अपीलकताग/Appellant
                                   VERSUS/बनाम
PIO, Nuclear Power Corporation of India                   ...प्रनतवािीगण /Respondent

Date of Hearing                         :   21.03.2025
Date of Decision                        :   21.03.2025
Chief Information Commissioner          :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :         22.09.2023
PIO replied on                    :         24.10.2023
First Appeal filed on             :         10.11.2023
First Appellate Order on          :         05.01.2024
2ndAppeal/complaint received on   :         09.02.2024

Information sought

and background of the case:

The Appellant filed an RTI application dated 22.09.2023 seeking information on the following points:-

"I have filed a complaint dated 21.04.2023 to CVC and its registered number is 13065/2023. In this regard, I have sought some information under the RTI Act. Kindly provide the requested documents.

1. Provide the certified documents of action taken so far by the Administrative/Concerned Authorities (Site Director, KKNPP, Nuclear Power Corporation Of India Limited) against complaint no. 13065/2023.

2. If not so, provide the certified documents as to why by the Administrative/Concerned Authorities (Site Director, KKNPP, Nuclear Power Corporation Of India Limited) has not taken action on complaint no. 13065/2023,

3. Provide the certified copies of current status and its related documents of the action taken by the Administrative /Concerned Authorities (Site Director, KKNPP, Nuclear Power Corporation Of India Limited) against the complaint no. 13065/2023."

The CPIO vide letter dated 24.10.2023 replied as under:-

"1. Information forwarded to NPCIL HQs.

2. Not applicable

3. Information forwarded to NPCIL HQs with required documents"

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.11.2023. The FAA vide order dated 05.01.2024 upheld the reply of the CPIO.

Page 1 of 2

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission dated 18.03.2025 has been received from CPIO reiterating the above facts and adding the following facts:

1. Shri S. Alagar the Applicant, has sent RTI Application to CVC and sought response for the aforesaid queries. The CPIO- CVC had forwarded the RTI application to NPCIL vide No. CVCOM/R/E/23/005982. (Annexure-A).

2. NPCIL-KKNPP provided RTI response as indicated in Table-I. It is a fact that, CVC has transferred the complaint vide No. 13065/2023 to CVO NPCIL-HQ. The requirement or information sought by CVO, NPCIL with respect to the above complaint has been forwarded to NPCIL-HQ by KKNPP, the same has been indicated in the information provided to Applicant for Query No.1 at Table-l above.

3. Not satisfied with the response the applicant preferred Appeal before 1st AA and the same has been confirmed.

4. Therefore it is to state that no additional information is available with KKNPP to provide to the Applicant.

Hearing was scheduled after giving prior notice to both the parties.

Appellant: Present through video conference Respondent: Shri S Kannan - CPIO/Sr. Mgr. (HR)-NPCIL, KKNPP was present through video conference while Shri Manender - DS, CVC was present in person during hearing.

The Respondent-PIO, KKNPP stated that information available on record had been duly furnished to the Appellant, in terms of the RTI Act. Submissions by the respondents reveal that the Appellant's RTI application sent to CVC had been forwarded to PIO, NPCIL, KKNPP. However, since the actual custodian of information sought by the Appellant was the PIO, NPCIL, Hq., the PIO, NPCIL, KKNPP had informed the Appellant accordingly. The Appellant was not satisfied with the response furnished by the Respondent-PIO, KKNPP.

Decision:

Upon examining the records of the case and hearing averments of the parties, the Commission hereby directs the Shri S Kannan- the CPIO, NPCIL, KKNPP to obtain the information about latest status of the complaint no. 13065/2023 from the CPIO, NPCIL, Hq. and furnish the information to the Appellant, as revised reply within two weeks of receipt of this order. The Respondent-CPIO, NPCIL, KKNPP shall submit a compliance report in this regard before the Commission within one week thereafter.

The appeal is disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक)/011-26186535 Page 2 of 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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