Central Information Commission
Mrramesh C Gami vs Ministry Of Micro, Small And Medium ... on 13 November, 2014
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/SS/A/2013/002875/BS/6345
13 November 2014
Relevant Facts emerging from the Appeal:
Appellant : Mr. Ramesh C. Gani
Director BTX Chemicals Pvt. Ltd.
9, Amee Society, Diwalipura,
Off Old Padra Road,
Vadodara-390020
Respondent : CPIO & Sr. Branch Manager
The National Small Industries Corp. Ltd.
202, Samruddhi Building,
Opp. Old Gujarat High Court,
Ashram Road, Ahmedabad-380014
RTI application filed on : 10/05/2013
PIO replied on : 04/06/2013
First appeal filed on : 30/06/2013
First Appellate Authority order : 02/08/2013
Second Appeal dated : 26/10/2013
Information sought:-
The applicant has sought the following information:-
a) Status and Progress report of my e-mail regarding request for withdrawal of Criminal Case no 1214/2002 filed by M/s National Small Industries corporation in Court of Hon'ble Judge First Class magistrate, lal court Vadodara dated Monday September 10, 2012 pursuant to acceptance of offer of one time settlement of Rs. 250000/- duly acknowledged by NSIC:AHD:REC:09-10 dated 17/07/2009 as full and final settlement of the dues of the Company and no claim of corporation whatsoever nature against M/s BTX chemicals Pvt Ltd. (copies of offer letter dated 25/12/2008 and copy of receipt dated 17/07/2009 and copy of e-mail Monday September 10, 2012).
b) Details of action, if any, taken on the above referred e-mail letter
c) If no action taken, reasons recorded for the same.
d) Name and designation of the official/s responsible for inaction.
e) Details of action taken against the official/s responsible for inaction.
f) Any other information relevant to the above.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ramesh C. Gani through V Page 1 of 2 Respondent: Mr. P V P Rao CPIO's representative through VC The appellant stated that his company BTX Chemicals Pvt. Ltd has settled all dues of NSIC and as per the settlement terms NSIC was required to withdraw both civil and criminal proceedings against the company but the criminal case is going on and he has to attend hearing but no representative from NSIC is appearing. He pleaded that the NSIC should be directed to withdraw the criminal case. The CPIO's representative clarified that the criminal case has been filed by the police and they have no role in the matter. He suggested that the proper course would be for the appellant to produce the settlement letter before the Court and incase NSIC is summoned they will give evidence in his favour. The appellant pointed that the Court has issued several summons to the NSIC but nobody is appearing. The CPIO's representative contested stating that no summons has been received. The appellant stated that NSIC which is the complaint should write a letter to the police requesting them to withdraw the proceedings. The CPIO's representative stated that in such matters the court summons the Corporation as a prosecution witness and if they receive summons they will make appropriate submissions before the Court.
Decision notice:
The RTI Act is not the proper law for redressal of grievances/disputes and there are other appropriate forum(s) for resolving such matters.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2