Shiv Prakash Rai v. Cpio: Satluj Jal Vid..., Central Information Commission, Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Case Number

Second Appeal No. CIC/POWER/A/2017/167991

Judges

Sudhir Bhargava, CIC

Acts

Information Act, 2005 (RTI Act)
Section 8(1)(j) of the RTI Act.

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Smart Summary

Factual and Procedural Background

The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) of Satluj Jal Vidyut Nigam Limited seeking information related to Corporate Social Responsibility at the Buxar Thermal Power Project. The information sought included the amount spent under CSR, details of advertisements/tenders published, supplier details, and comparative charts of tenderers. Upon non-receipt of any response from the Public Information Officer (PIO) and the First Appellate Authority (FAA), the appellant filed a second appeal before the Commission requesting that the CPIO be directed to provide the information free of cost.

During the hearing conducted via video conferencing, both the appellant and the respondent, Shri S.K. Singh, AGM and PIO of Buxar Thermal Power Project, appeared. The appellant argued that the PIO failed to provide the requested information within the stipulated period. The respondent acknowledged a lapse in responding due to oversight, tendered an unconditional apology, and agreed to furnish the information free of cost as per the RTI Act.

Legal Issues Presented

Whether the respondent is obligated to provide the information sought by the appellant under the RTI Act free of cost despite the initial delay?
Whether any part of the requested information is exempt from disclosure under Section 8(1)(j) of the RTI Act?

Arguments of the Parties

Appellant's Arguments

The PIO failed to provide information regarding expenditure on corporate social responsibility within the stipulated period.
Requested that the Commission direct the CPIO to provide the information free of cost due to this failure.

Respondent's Arguments

The appellant had filed two RTI applications dated 17.06.2017 and was asked to deposit photocopying charges for furnishing the information.
Due to oversight, no reply was sent to the appellant in response to the RTI applications.
The respondent tendered an unconditional apology for this lapse and requested condonation.
Agreed to furnish the information free of cost as per the RTI Act.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Commission examined the submissions and records and noted that information relating to personal details of third parties that does not pertain to any public interest is exempt from disclosure under Section 8(1)(j) of the RTI Act. Consequently, the Commission directed the respondent to provide the requested information, except for the comparative charts of tenderers, free of cost within four weeks from the date of receipt of the order, and to inform the Commission accordingly. The court’s reasoning balanced the appellant’s right to information with the statutory exemption protecting third-party personal information.

Holding and Implications

The appeal is disposed of with the direction that the respondent furnish the requested information, excluding comparative charts of tenderers, free of cost within four weeks. A copy of the decision is to be provided free of cost to both parties. The decision enforces compliance with the RTI Act’s provisions on timely information disclosure and the protection of exempted information, without establishing any new precedent beyond the application of Section 8(1)(j).

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Shiv Prakash Rai v. Cpio: Satluj Jal Vidyut Nigam Limited, Buxar Thermal Power Project, Hrd, Charitravan, Buxar, Bihar

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Satluj Jal Vidyut Nigam Limited seeking information relating to Corporate Social Responsibility in Buxar Thermal Power Project, including, inter-alia, (1) the amount spent under the head of corporate social responsibility, (2) details of advertisement/tenders published, (3) suppliers details, and (4) comparative charts of tenderers.

2. The appellant filed a second appeal before the Commission upon non receipt of any response from the PIO and the FAA. The appellant requested the Commission to direct the CPIO to provide the information as sought by him, free of cost.

Hearing:

3. The appellant and the respondent Shri S.K. Singh, AGM and PIO, Buxar Thermal Power Project, Buxar, Bihar attended the hearing through video conferencing.

4. The appellant submitted that the PIO has failed to provide the information sought by him about expenditure incurred by the Buxar Thermal Power Project under the corporate social responsibility head. He, therefore, requested the Commission to direct the CPIO to provide the information as sought by him, free of cost, as he had failed to provide the same within the stipulated period.

5. The respondent submitted that the appellant had filed two RTI applications, both dated 17.06.2017. In response to the RTI application, the appellant was asked to deposit the requisite photocopying charges for furnishing information. However, due to oversight no reply in response to the RTI application could be sent to the appellant. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same. The respondent agreed to furnish information as per the provisions of the RTI Act, free of cost, to the appellant.

DECISION:

6. The Commission, after hearing the submissions of both the parties and perusal of records, observes that information relating to personal information of third parties, which has no relationship to any public interest is exempted from disclosure under Section 8(1)(j) of the RTI Act. The Commission, therefore, directs the respondent to furnish the information sought for except information, relating to comparative charts of tenderer participating in tenders, to the appellant, free of cost within four weeks from the date of receipt of a copy of this order under intimation to the Commission.

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

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

Shiv Prakash Rai v. Cpio: Satluj Jal Vid...