Note sheets of the file relating to selection as Member (Tech), CLB – On literal interpretation, the CPIO furnished only 18 pages of note sheets – subsequent pages not submitted – notesheet is complete either on his joining as Member, CLB or refusal
Shri U.C. Nahta, hereinafter called the appellant has filed the present appeal dated 1.5.2012 before the Commission against the respondent Ministry of Corporate Affairs, New Delhi for not providing incomplete information in response to his RTI application dated 21.2.2012. The appellant was absent whereas the respondent were represented by Shri Navneet Chouhar, Director, Shri Rakesh Kumar, Under Secretary and Shri Vinod Kumar, Section Officer.
2. The appellant through his RTI application dated 21.2.2011 sought copy of note sheets of the file relating to his selection as Member (Technical), Company Law Board in response to his application dated 10.7.2009. The CPIO vide letter No. A-45011/10/2012-Ad.IV dated 21.3.2012 provided photocopy of note sheet of the file relating to his selection as Member (Technical).
3. Not satisfied with the reply of the CPIO, the appellant filed first appeal dated 29.3.2012 before the FAA on the grounds that the CPIO has furnished part of the information consisting of only two pages of the note sheet whereas he was required to furnish all the pages of the note sheet till date. The FAA vide order dated 4.4.2012 held that copies of the entire note sheets of the file relating to selection as Member (Technical) ought to have been furnished to the appellant. Accordingly, the FAA directed the CPIO to furnish copies of the relevant note sheets of the file to the appellant within five days. The appellant again vide his letter dated 18.4.2012 addressed to the FAA stating that the CPIO had furnished only 18 pages of the note sheets which were upto 20.1.2010 only. As the CPIO has not furnished copies of the subsequent pages of the said file, the appellant requested the FAA to issue directions to the CPIO once again to comply with his order in letter and spirit. The FAA vide letter No. A-45011/10/2012-Ad.IV dated 19.4.2012 informed the appellant that his order dated 4.4.2012 relates to note sheets pertaining to appellant’s selection as Member, CLB, which had been requested by him in his RTI application, in case he needs further information, a fresh RTI would need to be filed and the CPIO would provide information available as per the RTI Act.
4. In his second appeal filed before the Commission, the appellant alleges that his RTI application has been willfully misinterpreted. Copies of note sheets upto 20.1.2010 only were provided to him instead of upto date note sheets. Notesheet of the file relating to his selection as Member, CLB is complete either on joining as Member, CLB, or refusal or cancellation of the same. As the selection was cancelled subsequently, the subsequent note sheets were very much relevant. He, therefore, requests the Commission to issue directions to the CPIO to provide complete information to him.
5. During the hearing the respondent state that upon the clarification provided by the FAA, the appellant filed another RTI application on 19.4.2012 and the CPIO vide letter dated 15.5.2012 provided copies of the note sheets of the File No. A-12023/2/2009-Ad-IV consisting of 24 pages (Page No. 46/note to 69/note) to the appellant.
6. Since the requisite documents have now been provided to the appellant, no directions are required to be given on the part of the Commission. However, the respondent took a very literal interpretation of the RTI application. If the intention of the appellant was clear to them, they could have provided the complete file notings to the appellant. Since, requisite information has now been provided to the appellant by the respondent, no action is called for on the part of the Commission.
Citation: Shri U.C. Nahta v. Ministry of Corporate Affairs in Case No. CIC/SS/A/2012/002175