Information regarding Debt Assignment was denied u/s 8(1)(d) & (e) - PIO: information is available with the appellant who is not entitled to file an application on behalf of company - CIC: matter remanded to PIO to provide speaking & reasoned order

Information regarding Deed of Assignment being Debt Assignment entered with IDBI, the original secured creditor under SARFACEI Act was denied u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; & (e) - appellant further submitted that he is the Managing Director & largest shareholder of the Terrygold (India) Ltd; the information is required to settle his account with the public authority in the light of demand made by many shareholders of the company - PIO: RTI applicant is seeking information on behalf of his company which is not allowed as per the provisions of the RTI Act; the information is already available with the appellant - CIC: PIO is taking contradictory stand; matter remanded back to the PIO with the directions to provide speaking and reasoned order

Facts:

1. The appellant, Shri Kishan Subhan Singh Rajaputra, submitted RTI application dated 5 March 2013 before the Central Public Information Officer (CPIO), Stressed Assets Stabilization Fund (SASF), Mumbai; seeking information regarding Deed of Assignment being Debt Assignment entered with IDBI, the original secured creditor under SARFACEI Act etc., through a total of 28 points.

2. Vide reply dated 30 March 2013, CPIO denied information u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; & (e) of the RTI Act, 2005. Not satisfied with the CPIO’s reply, the appellant preferred appeal dated 8 April, 2013 to the first appellate authority (FAA), alleging that he had not been provided correct information by the CPIO concerned. Vide order dated 11 May 2013, FAA upheld the CPIO’s decision and also clarified the same.

3. Not satisfied with the response of the public authority, the appellant preferred second appeal before the Commission.

4. The matter was heard today via videoconferencing. The appellant, Shri Kishan Subhan Singh Rajaputra, was present at Hyderabad. The respondents, Shri Aditya Gajbhiye, CPIO, Shri Y.A. Mankad, FAA and Shri D. Vijaya Dev, made submissions from Mumbai.

5. The appellant submitted that no proper response has been provided by the respondents. The appellant further submitted that he is the Managing Director and largest shareholder of the Terrygold (India) Limited and the information sought by him is required to settle his account with the public authority in the light of demand made by many shareholders of the company. The CPIO has failed to provide any justification as to how section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; and 8(1)(c) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; of the RTI Act are attracted in the disclosure of information.

6. The respondents submitted that the RTI applicant is seeking information on behalf of his company which is not allowed as per the provisions of the RTI Act. Further, the information sought by the appellant is already available with him as he is the Managing Director and largest shareholder of the Terrygold (India) Limited.

Decision Notice

7. The Commission is of the view that, in the present case, the CPIO is taking contradictory stands as in his reply he is claiming that the information sought may not be disclosed as it attracts section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; and 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act, on the other hand, at the hearing he is claiming the fact that information sought by the appellant is already available with him as he is the Managing Director and largest shareholder of the Terrygold (India) Limited. Hence, the Commission remands the matter back to the CPIO with the directions to provide speaking and reasoned order w.r.t the RTI application to the appellant and giving justification for seeking exemption under the RTI Act, 2005, if any within 21 days of the receipt of the order of the Commission.

(Manjula Prasher)

Information Commissioner

Citation: Shri Kishan Subhan Singh Rajaputra v. Stressed Assets Stabilization Fund in Appeal: No. CIC/DS/A/2013/001000/MP