Appellant sought to know whether the Orders issued by MRD Department of SAIL-BSP was followed by FSNL or BSP; whether sub-contractors were engaged & Manpower hired through agency - PIO: It is not information u/s 2(f) - CIC: Furnish the information
17 Apr, 2016Information Sought:
The appellant sought information on 2 points:
1. Copy of delegation of powers of CEO, which allows CEO of Bhilai Steel Plant to overrule SAIL Board’s decisions in regard to conditional permission for appointment of FSNL on nomination basis for services of “Recovery & Processing steel Scrap including handling of Slag” and grant permission their after to FSNL to subcontract or engage hired Equipment/ Manpower during year 2011(October) to March 2013 and till date of RTI application.
2. Information that the Orders/content of the letter No. AGM (MRD) /2011/1447 dt. 22.09.2011 & DGM 1/c (MRD)/2012 dated 01.12.2012 issued by MRD Department of SAIL-BSP, was followed by FSNL or BSP and confirm that today FSNL has not engaged Sub-Contractors or Hired Equipments/Manpower through agency.
Background of the case:
The appellant filed RTI application on dated 05.12.2013 seeking the above information. CPIO vide letter dated 04.01.2014 replied to the RTI as follows:
“Point No. 1: The delegation of powers of CEO is not formulated in the manner in which they have been sought.
Point No. 2: The query does not qualify as information u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the Right to Information Act, 2005.”
Being aggrieved with the reply, appellant filed first appeal. The FAA disposed of the first appeal on dated 08.02.2014 by upholding the reply of CPIO.
Relevant facts emerging from hearing:
The appellant is not present while the respondent is present and heard. The respondent reiterated that there is no delegation of powers as such. Further submits that Ferro Scrap Nigam Limited (FSNL) is a separate organisation. On being asked by the Commission the respondent states that the information is not available in the desired format. The letter dated 22/09/2011 is as under:
“To,
AGM(m/s FSNL)
M/s FSNL, Bhilai Unit Bhilai
Through: DGM (O)MRD
Sub: Execution of job by M/s FSNL through Long Term Agreement
The long term contract between SAIL-Bhilai Steel Plant and M/s FSNL signed on 31-12-2009 is in force from 01-10-2008 and is expiring on 30-09-2011. For further continuation of work from 01-10-2011 onwards, letter to seek permission has been written to the higher authorities. As per the order issued by Ministry of Steel Govt. of India dated 28th of August, 2008 in connection with the “Preferential purchase policy for the product and services of M/s ferro Scrap Nigam Ltd (FSNL), the M/s FSNL has to carry the work departmentally. As per our record, M/s FSNL is executing the work partially through sub contractor. In view of above it is advised to M/s FSNL to carry out the work departmentally as per guidelines of order issued by Ministry of Steel during extended period of contract.
For SAIL,BSP
Dipankar Roy
AGM (MRD)”
Issues for determination:
1. Whether the information sought in respect of Point No. 1 and 2 is information u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005.
2. Whether the information sought is in the custody of respondent public authority.
Decision:-
After hearing both parties and on perusal of record, the Commission observes that earlier also appeals were disposed of between the parties. In Second appeal no. CIC/LS/A/2013/001362/SS dated 31.10.2013 and CIC/LS/A/2013/001391/SS, CIC/LS/A/2013/001392/SS dated 14.11.2013 information were provided to the appellant. On the basis of information received he filed this RTI application for further information. The appellant himself is not present to canvass his case nor he was present in the above appeals also, the Commission finds it appropriate to adjudicate the case on merits.
The information sought relates to the status as to compliance on the letter dated 22/09/2011. SAIL was one of the parties in the above matter so they are in possession of the relevant information which will suffice the issue. Further, it was incorrect on the part of CPIO to consider the information sought under Point no. 2 not information as per Sec 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005. The information on Point no. 2 is matter of record and report which is included under the definition of information.
The letter dated 22.09.2011 was sent to the AGM, FSNL, Bhilai Unit from the AGM, SAIL. So, there is no dispute that the information sought in Point No. 1 and 2 is relating to SAIL also. The respondent plea of not having the information sought under Point No.1 in the desired format can’t be accepted. The duty of Public Authority is to furnish information in whatever form it is available on record. The objective of RTI Act is to furnish information for bringing transparency. It is pertinent to note that the applicants may not know in what format the information is available. Therefore, It is the duty of public authority to facilitate the applicants in getting the information as per applicable under the RTI Act, 2005.
In view of the above, the Commission directs the respondent to furnish information to the appellant in respect of Point 1 and Point 2 as per records available, within 2 weeks of the receipt of this order under intimation to the Commission. Further, the Commission cautions the FAA from passing non-speaking orders in future and to furnish information to the appellant unless the exemptions under Sec 8 are attracted. The appeal is disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Citation: Shri Altaf Ansari v. Bhilai Steel Plant – SAIL Durg in F.No. CIC/RM/A/2014/001454