Central Information Commission
Dipanwita Paul Das vs Development Commissioner, Small Scale ... on 21 December, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/MMSME/A/2022/666211
CIC/MSSIN/A/2022/666212
Shri Dipanwita Paul Das ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, ...प्रतिवादीगण /Respondent
Ministry of Micro, Small and Medium Enterprises
2. PIO,
Development Commissioner, Small Scale Industries
Date of Hearing : 21.12.2023
Date of Decision : 21.12.2023
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
666211 18.10.2022 - 18.11.2022 28.11.202 13.12.2022
2
666212 19.10.2022 - 18.11.2022 28.11.202 13.12.2022
2
Information soughtand background of the case:
(1) CIC/MMSME/A/2022/666211 The Appellant filed an RTI application dated 18.10.2022 seeking information on 4 points related to Memo No. 32/RTI/2022 dated 18.10.2022 as under:
1. Please supply me the information on why the respondent had a delay of 5 months from the date of reference to file the online complaint case through the Samadhan portal.
2. Please supply me the information for the reason the respondent had violated under section 18(5) of the MSMED Act 2006
3. Please supply me the information that if any delay provision is under the said act of 2006.Page 1 of 3
4. Please supply me the information for the reason of delay to registered the case under section 18(5) of MSMED Act 2006 and the respondent had not comply with the intimation letter dated 10th May 2022 Due to non receipt of any response from the CPIO the Appellant filed a First Appeal dated 18.11.2022. The FAA and Development Commissioner, MSME vide order dated 28.11.2022 held as under:-
"Reply-As per the provision of chapter (V), Section 20, 21 and 30 of the MSMED, Act, 2006 the Micro & Small Enterprises Facilitation Council (MSEFC) in each State has been set up by the State Governments. All the Micro & Small Enterprises Facilitation Councils (MSEFC) which come under the ambit of concerned State Governments are Quasi-judicial in nature and has been delegated the power to dispose of the delayed payment cases of Micro & Small Enterprises. All the required documents/information related to delayed payment cases filed in MSEFC's is being maintained by the concerned MSEFC."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
(2) CIC/MSSIN/A/2022/666212 The Appellant filed an RTI application dated 18.10.2022 seeking information on 2 points related to case no MSEFC-CASE-No. UDYAM-WB-08-0018743/M/00001 through MSME SAMADHAAN-Delayed Payment Monitoring System and WBMSEFC CASE NO 68 OF 2020 under MSMED Act 2006:
1. Kindly supply me above case status under MSMED Act 2006.
2. Please supply me your decision made under section 18(5) of MSMED Act 2006.
Dissatisfied due to non-receipt of any response from the CPIO, the Appellant filed a First Appeal dated 18.11.2022. The FAA and Development Commissioner, MSME vide order dated 28.11.2022 held as under:-
"Reply-As per the provision of chapter (V), Section 20, 21 and 30 of the MSMED, Act, 2006 the Micro & Small Enterprises Facilitation Council (MSEFC) in each State has been set up by the State Governments. All the Micro & Small Enterprises Facilitation Councils (MSEFC) which come under the ambit of concerned State Governments are Quasi-judicial in nature and has been delegated the power to dispose of the delayed payment cases of Micro & Small Enterprises. All the required documents/information related to delayed payment cases filed in MSEFC's is being maintained by the concerned MSEFC."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 2 of 3Facts emerging in Course of Hearing:
Appellant: Heard through Audio Conference Respondent: 1. Shri Pawan Kumar Singh, Dy Dir, O/o the DC, M/o MSME, New Delhi
2. Shri Amit Kumar T., Jt Dir, O/o the DC, M/o MSM, New Delhi The Appellant stated that the cases filed through the Samadhan Portal were not handled appropriately by the concerned MSEFC as substantive delay was caused in disposing off the matters. He also argued that point wise information was not provided by the Respondents.
Shri Pawan Kumar Singh attributed the delay in replying to the RTI application to technical glitches in their software/ computer resources. Regarding the Appellant's grievance, he stated that the M/o MSME merely acted as the facilitator in the Delayed Payment Monitoring System and was only responsible for maintaining and updating the Samadhan portal. The cases are decided by the Micro and Small Enterprises Facilitation Councils (MSEFC) that are set up in each state by the State Government and the Appellant may approach the concerned MSEFC for redressal of his personal grievance.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent as only such information that is held and available in the records of a public authority can be provided. The CPIO, M/o MSME is however cautioned and directed to ensure that timelines stipulated under the RTI Act, 2005 are strictly complied with in future failing which action as per Section 20 (1) of the RTI Act, 2005 may be initiated. No other intervention of the Commission is required in the instant matter. For redressal of his grievance, the Appellant is advised to approach an appropriate forum.
With the above observation, the instant Second Appeal stands disposed off accordingly.
Heeralal Samariya (हीरालाल सामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3