Information about the labour license & the category of workers was sought - CIC: The information could have been obtained by the respondent from the contractor u/s 2(f) - CIC counselled the PIO, ISRO, Department of Space to be more careful in future

O R D E R

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), ISRO, Department of Space, seeking information on five points pertaining to M/s KHFM Hospitality Management Services, Sriharikota (Contractor), including, inter-alia,

(i) Labour license recommended by Principal Employer and obtained by the Contractor,

(ii) Category/ Categories (each Category nos.) of workers approved and operated by the Contractor.

2. The appellant filed a second appeal before the Commission against the orders of the FAA and the reply provided by the CPIO on the ground that he was not satisfied with the reply of the CPIO, as the CPIO had provided incomplete information to the appellant, in response to point nos. 3 to 5 of his RTI Application. The appellant requested the Commission to direct the CPIO to provide the information sought for.

Hearing:

3. The appellant, Shri K Sambasivaiah and the respondent, Ms. Kamala Rajesh, CPIO, ISRO, Department of Space, Bengaluru attended the hearing through video conferencing.

4. The appellant submitted that incomplete information has been provided by the respondent in response to point nos. 3 to 5 of his RTI application. He stated that he had sought copies of wage order for the period of 01.04.2017 to 01.10.2017, however, only a copy of wage order dated 01.04.2017 was provided. In respect to point nos. 4 and 5 of his RTI application, he emphasized that the disbursement of wages is statutory in nature and the related document has to be attested by three persons i.e. the worker, contractor and the principal employer. However, the documents provided by the respondent was attested by the principal employer only, and not by the other signatories. He further stated that though a revised reply was provided to him, no new documents were provided. He however admitted that in the revised reply, information with respect to point no. 5 of the RTI application has been provided to him, which is satisfactory.

5. The respondent submitted that the wages were revised vide wage order dated 29.01.2018 to be effective from 01.10.2017, and the same could not have been provided to the appellant at the time of providing reply to the appellant, as it was an event subsequent to the filing of the RTI application. Therefore, only a copy of the wage order dated 01.04.2017 was provided to the appellant. The respondent clarified that the subsequent revision took place on 29.01.2018, and a copy of the wage order dated 29.01.2018 shall be provided to the appellant. As regard point no. 4 of the RTI application, the appellant had sought a copy of the wages paid duly endorsed by the Principal employer and the same was provided to the appellant. She further stated that the record sought by the appellant may be available with the Contractor but he is not a public authority.

6. The appellant stated that if the documents are available with the Contractor, then the same could be obtained by the respondent and should have been provided to the appellant.

7. The CPIO responded that as per her knowledge, documents cannot be obtained from a private person and provided to the appellant under the RTI Act. The respondent reiterated that the information available with ISRO has been provided to the appellant.

Decision:

8. The Commission, after hearing the submissions of both the parties and perusing the records, observes that the Hon’ble Delhi High Court in the case of Poorna Prajna Public School vs. Central Information Commission & ors. [WP (C) NO. 7265 OF 2007, decision dated 25.09.2009] had observed as follows:

“13…… Therefore, section 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; “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 requires examination of the relevant statute or law, as broadly understood, under which a public authority can access information from a private body. If law or statute permits and allows the public authority to access the information relating to a private body, it will fall within the four corners of Section 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; “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. If there are requirements in the nature of preconditions and restrictions to be satisfied by the public authority before information can be accessed and asked to be furnished from a private body, then such preconditions and restrictions have to be satisfied. A public authority cannot act contrary to the law/statute and direct a private body to furnish information. Accordingly, if there is a bar, prohibition, restriction or precondition under any statute for directing a private body to furnish information, the said bar, prohibition, restriction or precondition will continue to apply and only when the conditions are satisfied, the public authority is obliged to get information….”

9. In view of the above, the Commission notes that with regard to point no. 4 of the RTI application, the information sought by the appellant could have been obtained by the respondent from the contractor under Section 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; “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. The Commission, therefore, directs the respondent to obtain information from the contractor under Section 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; “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, and provide the same to the appellant. The Commission also directs the respondent to provide the wage order dated 29.01.2018 to the appellant vide which the wages were revised. The above directions of the Commission shall be complied with, within four weeks from the date of receipt of a copy of this order under intimation to the Commission.

10. The Commission also observes that the CPIO was not aware that information can be obtained from a private person under Section 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; “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. Hence, the information sought vide point no. 4 was not provided to the appellant due to an error of interpretation of the RTI Act on the part of the CPIO concerned. However, it cannot be said that the CPIO had acted consciously and deliberately with a malafide intention to provide incorrect or misleading information to the appellant. Further, as per the decision of Hon’ble High Court of Delhi in the matter of Kripa Shanker vs. Central Information Commission in W. P. (C) No. 8315/ 2017 dated 18.09.2017 no penalty can be imposed for wrong judgment. In view of this, in the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the CPIO. Nevertheless, the Commission counsels the CPIO, ISRO, Department of Space to be more careful in future so that such lapses do not recur and information is provided to the information seeker within the stipulated time.

11. With the above observations, the appeal is disposed of.

12. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava

Chief Information Commissioner

Citation: K Sambasivaiah v. CPIO, ISRO, Department of Space in Second Appeal No. CIC/DSPCE/A/2018/125894, Date 01.11.2019