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Central Information Commission

Surender Singh Gakkhar vs Department Of Telecommunications on 13 September, 2018

                                 के   ीय सूचना आयोग
                         Central Information Commission
                               बाबा गंगनाथ माग , मुिनरका
                           Baba Gangnath Marg, Munirka
                            नई  द ली, New Delhi - 110067

ि तीय अपील सं या /Second Appeal No.- CIC/DOTEL/A/2017/148962
                      Adjunct Order Dated 12.09.2018
Hearing:
1.   The instant matter is listed today for further hearing.
2.    All the parties participated in the hearing in person. Mr. Anil Kumar
Gautam (Director, PSU-III) and Mr. S. P. Mohapatra (Dir. & CPIO, M/s HPIL)
represented the Department of Telecommunications and M/s Hemisphere
Properties India Limited (HPIL) respectively. The written submissions are
taken on record.
3.    The appellant stated that his query is limited to the factual position
with regard to allocation of shares of the erstwhile VSNL employees in the
newly formed company, M/s Hemisphere Properties India Limited (HPIL). He
referred to certain objections raised by M/s Tata Communications Limited
(TCL) before the National Company Law Tribunal (NCLT) with regard to the
cut-off date of allotment of shares. He also stated that submissions made by
M/s TCL before the NCLT is in variance with the govt. decision which is
committed to allocating shares of erstwhile VSNL employees in M/s HPIL. In
this regard, he stated that the respondent should inform him current status

on the subject.

4. The representative of the DoT stated that the sought for information with regard to allocation of shares of the erstwhile VSNL employees in the newly formed company, M/s Hemisphere Properties India Limited (HPIL) may be given by M/s HPIL.

5. The representative of M/s HPIL agreed to intimate the factual position in the matter including clarification on objections before the NCLT to the appellant, within 15 days from the date of receipt of this order. Discussion/ observation:

6. This Commission observed that point no. 7 (relating to allocation of shares) of this RTI application is not interrogatory in nature. Further, this Commission observed that the CPIO, M/s HPIL should take action as agreed to in para 5 above.

Decision:

7. The CPIO, M/s HPIL is directed to take action as per para 6 above.

The appeal is disposed of. Copy of the order be given to the parties free of cost.

Radha Krishna Mathur (राधा कृ ण माथुर) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S.C. Sharma Dy. Registrar एस. सी. शमा , उप-पंजीयक एस. सी.

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