Information regarding desilting work at Karampal Dam - PIO denied the information u/s 8(1)(d) claiming that the information was related to a third party firm; He provided the information during the first appeal stage - CIC: Not inclined to take any action
12 Sep, 2022Information Sought:
The complainant has sought the following information regarding desilting work at Karampal Dam:
1. Provide the copy of the agreement executed with the contractor(s).
2. Provide details of vehicles used for transportation between Karampal Dam and Railway siding.
3. Provide the details of route used for the purpose of transportation between Karampal Dam and Railway siding.
4. And other related information.
Grounds for filing Complaint:
The CPIO did not provide the desired information.
Submission made by Complainant and Respondent during the hearing:
The complainant was not present at the VC venue despite due service of notice on 25.08.2022 vide speed post acknowledgment no. ED007491560IN. The CPIO submitted that the information sought is related to a third party firm. However, on 09.05.2021 they forwarded the information sought to the FAA. Thereafter the FAA sent the same on 24.05.2021.
Observations:
The CPIO vide written submissions dated 29.08.2022 submitted that the RTI application was received by the CPIO on 08.04.2021 and the reply was given to the appellant on 29.04.2021 which is well within the time limit of the RTI Act 2005. Furthermore, he submitted that the first appeal was filed by the applicant, the reply of the same was forwarded to the FAA, NMDC Ltd. Hyderabad by CPIO NMDC Ltd, Kirandul. The FAA has also replied to the applicant.
Based on a perusal of the record, it was noted that the CPIO vide letter dated 29.04.2021 replied to the complainant and denied the information sought 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; of the RTI Act. The CPIO was asked to explain the applicability of Sec 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; of the RTI Act, to which he submitted that the information was related to a third party firm. He chose to provide the information during the first appeal stage.
Decision:
In view of the fact that the complainant was not present and information was also given eventually, the Commission is not inclined to take any action in this case.
The complaint is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Anil Singh Bhadoria v. NMDC Ltd - Bailadila Iron Ore Mine (BIOM) in File no.: - CIC/NMDCL/C/2021/120089, Date of Decision: 02/09/2022