Information relating to alleged irregular release of payment to M/s Transammonia, a foreign supplier of Urea was denied u/s 8(1)(d) claiming that it is commercially sensitive - CIC: since the matter is under arbitration, information is denied u/s 8(1)(h)

Information relating to alleged irregular release of payment to M/s Transammonia, a foreign supplier of Urea 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; claiming that it is commercially sensitive; section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. also invoked - Appellant: siphoning of over Rs 40 crore from MMTC involves public interest - CIC: since the matter is under arbitration, information is denied u/s 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders;

FACTS

Vide RTI dt 15.4.13 appellant had sought information on 5 points relating to alleged irregular release of payment to M/s Transammonia, a foreign supplier of Urea.

2. CPIO/General Manager vide letter dt 14.5.13, observed that MMTC being a trading organization, information relating to contracts or disputes arising thereof, are commercially sensitive and cannot be shared with the third party and hence 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; and 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act.

3. An appeal was filed on 19.5.13 alleging that since the case pertains to siphoning of a huge amount (over Rs 40 crore) from MMTC, public interest demands that the information be released.

4. AA vide order dt 14.6.13, observed that the information sought in respect of query no.1-4 was indeed of commercial confidence, disclosure of which would harm the competitive position of a third party and upheld the decision of the CPIO. As regards query no.5, PIO had stated in his response that no delinquency was found. AA upheld the decision and disposed of the appeal.

5. Submissions made by public authority were heard. It was submitted that not only the information sought by the appellant is of commercial confidence but as of now the matter is under arbitration and hence the information is denied u/s 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act. In the absence of the appellant, his views could not be ascertained.

DECISION

6. In the light of the submissions made by the CPIO, the Commission concurs with the decision. The appeal is disposed of.

(Rajiv Mathur)

Central Information Commissioner

Citation: Shri R.K. Tanwar v. MMTC Ltd., in File No.CIC/SS/A/2013/001933/RM