Central Information Commission
Satish Ashok Sherkhane vs Spmcil Corporate Office on 8 September, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File No.:- CIC/SPMCO/A/2020/662474 +
5 others (As per Annexure)
In the matter of:
Satish Ashok Sherkhane
... Appellant
VS
Central Public Information Officer
Security Printing and Minting Corporation of India Ltd.
16th Floor, Jawahar Vyapar Bhawan,
Janpath, New Delhi - 110 001
...Respondent
Date of Hearing: 07/09/2021 Date of Decision: 07/09/2021 The following were present:
Appellant: Not present Respondent: Siddharth Srivastava, DM(HR) and CPIO, present over VC at CIC File No. CIC/SPMCO/A/2020/662474:
RTI Application CPIO replied on First Appeal FAA Order Second Appeal filed on filed on dated dated 02/12/2019 26/12/2019 09/01/2020 27/01/2020 03/02/2020 Information Sought:
In reference to letter No. IGMM/Admn/Sherkhane/454/2019 dated 05/08/2019, the appellant has sought the following information:
1. Provide a copy of the above said letter along with file noting and signature of the employees.
2. Provide the copies of documents/approvals/letters/notes which have been executed/prepared by SPMCIL, New Delhi till date along with file noting and signature of the employees.
3. Provide the copy of documents/approvals/letters/notes which have been issued to India Government Mint, Mumbai or other authority by 1 SPMCIL, New Delhi along with file noting and signature of the employees.
4. Action taken report w.e.f. 05.08.2019 to till date.
File No. CIC/SPMCO/A/2020/601053:
RTI Application CPIO replied on First Appeal FAA Order Second Appeal filed on filed on dated dated 01/11/2019 27/11/2019 27/11/2019 26/12/2019 09/01/2020 Information Sought:
The appellant has sought the following information in respect of his E-mail dated 02/10/2019, 26/08/2019, 01/10/2019 and 13/03/2019:
1. Provide copies of documents/approvals/letters/notes which have been received from MOF, New Delhi till date along with file noting and signature of the employees.
2. Provide the copy of documents/approvals/letters/notes which have been executed/prepared by SPMCIL, New Delhi till date along with file noting and signature of the employees.
3. Provide the copy of documents/approvals/letters/notes which have been issued to India Government Mint, Mumbai or other authority by SPMCIL, New Delhi along with file noting and signature of the employees.
4. And other related information.
File No. CIC/SPMCO/A/2019/660683+660682:
RTI Application CPIO replied on First Appeal FAA Order Second Appeal filed on filed on dated dated 28/10/2019 27/11/2019 28/11/2019 17/12/2019 24/12/2019 Information Sought:
A. In reference to CIC decision in Appeal No. CIC/MHOME/A/2017/178313/MOFIN- BJ dated 20/09/2018 issued to CMD, SPMCIL, New Delhi, the appellant has sought the following information -
1. Provide office copy of CIC decision for the above said Appeal No. along with file noting, name, designation and signature of the employees.
2. Provide the copy of documents/approvals/letters/notes/orders which have been executed/prepared in SPMCIL, New Delhi along with file noting and signature of the officers.2
3. Provide Action Taken Report w.r.t. the said order along with file noting and signature of the employees.
B. In reference to CIC decision for Appeal No. CIC/SPMCN/A/2017/194432- BJ-Adjunct dated 06/10/2017 & 17/12/2018 issued to CMD, SPMCIL, New Delhi:
1. Provide office copy of CIC decision for the above said Appeal No. along with file noting and name, designation and signature of the employees.
2. Provide the copy of documents/approvals/letters/notes/orders which have been executed/prepared in SPMCIL, New Delhi along with file noting and signature of the officers.
3. Provide the copy of documents/approvals/letters/notes/orders which are issued to ISP, Nashik along with file noting and signature of the officers.
4. And other related information.
C. And other related information.
File No. CIC/SPMCO/A/2019/660679:
RTI Application CPIO replied on First Appeal FAA Order Second Appeal filed on filed on dated dated 14/10/2019 08/11/2019 18/11/2019 17/12/2019 24/12/2019 Information Sought:
In reference to CIC decision for Complaint No. CIC/ISPNR/C/2018/619884, CIC/ISPNR/C/2018/619886 & CIC/ISPNR/C/2018/619888 dated 17/09/2018 issued to CMD, SPMCIL, New Delhi, the appellant has sought the following information:
1. Provide office copy of CIC decision for the above said Complaint No(s).
Along with file noting and name, designation and signature of the employees.
2. Provide the copies of documents/approvals/letters/notes/orders which have been executed/prepared in SPMCIL, New Delhi along with file noting and signature of the officers.
3. Provide the copies of documents/approvals/letters/notes/orders which have been issued to ISP, Nashik along with file noting and signature of the officers.
4. And other related information.
3File No. CIC/SPMCO/A/2019/660663:
RTI Application CPIO replied on First Appeal FAA Order Second Appeal filed on filed on dated dated 11/10/2019 Not on Record 16/11/2019 13/12/2019 24/12/2019 Information Sought:
In reference to CIC decision for Complaint No. CIC/ISPNR/C/2018/619826 & CIC/ISPNR/C/2018/619837 dated 17/09/2018 issued to CMD, SPMCIL, New Delhi, the appellant has sought the following information:
1. Provide office copy of CIC decision for the above said Complaint No(s).
Along with file noting, name, designation and signature of the employees.
2. Provide the copy of documents/approvals/letters/notes/orders which have been executed/prepared in SPMCIL, New Delhi along with file noting and signature of the officers.
3. Provide the copy of documents/approvals/letters/notes/orders which are issued to ISP, Nashik along with file noting and signature of the officers.
4. And other related information.
Grounds for filing Second Appeals The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant failed to appear for the hearing despite notice on 18.08.2021 vide speed post acknowledgment no. ED959830682IN. He had requested for audio hearing via e-mail however, he was informed by e-mail to be present at the VC Venue.
The CPIO during the hearing submitted that whatever documents were available on record were provided in all the above-mentioned cases.
Observations:
The Commission observed that in case no. 662474, the appellant in his second appeal contested the CPIO's reply on points no. (ii) to (iv). The CPIO had replied that no documents/approvals/letters/notes are executed/prepared by Corporate Office in connection with the IGM, and issued by Corporate Office to IGM, Mumbai or other authority in connection with the IGM, Mumbai letter dated 05.08.2019. The CPIO also categorically replied that no action taken report is available on record. The appellant failed to submit any material document to prove that the reply given by the CPIO was incorrect.4
In case no. 601053 the appellant in his second appeal submitted that the PIO's reply that no information is available on office record for points no. C(1) to (7) is not correct and not acceptable to him and stated that he reserves his right to take legal action against Shri V. Balaji as per The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2018, The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amended Rules 2016 and relevant Acts of the State. The appellant in this appeal also merely claimed that the CPIO's reply is incorrect but failed to substantiate the same. The Commission observed that the CPIO cannot be directed to create records, whatever is available only can be given.
In case nos. 660683, 660682, 660679, the appellant in his second appeal submitted that as per PIOs' & FAAs' replies dated 08.11.2019, 27.11.2019 & 17.12.2019 respectively, no information was found on the website as mentioned. The Commission observed that notings and other related information related to action taken on CIC decision in respect of a third party is exempted u/s 8(1)(j) of the RTI Act. However, the CPIO failed to provide a suitable reply regarding the notings. Apparently such notings are not available on the website. The FAA order had addressed the issue in detail and mentioned that the information relating to third party cannot be given.
However, the CPIO should provide a revised reply regarding the availability of notings.
In case no. 660663, the appellant in his second appeal submitted that no information was received by post as shown on the DOPT RTI Website or by FAA. The said matter was brought to the notice of V. Balaji on mobile but till date no response was received. The same was also brought to the notice of FAA through letter dated 23.12.2019. The CPIO was asked as to when a reply was given and also to submit a copy of the same. The CPIO submitted certain documents but these were not found relevant to the present case.
Decision:
Taking note of the decision dated 26.08.2021 of this bench in case no. CIC/IGMUM/A/2019/654882 the registry clarified that notice was already sent prior to 26.08.2021 for today's cases and therefore these were listed for hearing and in future cases, observations of order dated 26.08.2021 shall be complied with.
Therefore, each of the cases were examined and respondents were heard in detail, and as observed above, the CPIO shall provide a suitable reply to the 5 appellant in respect of case nos. 660683, 660682, 660679 and 660663 as discussed above within 7 days from the date of receipt of the order.
The appeals are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date ANNEXURE - 1 S No. File Number(s)
1. CIC/SPMCO/A/2020/662474
2. CIC/SPMCO/A/2020/601053
3. CIC/SPMCO/A/2019/660683
4. CIC/SPMCO/A/2019/660682
5. CIC/SPMCO/A/2019/660679
6. CIC/SPMCO/A/2019/660663 6