1. A Show Cause Notice was issued to the CPIO, Ministry of Corporate Affairs, New Delhi on 11.04.2018, in compliance with the Commission's order No. CIC/MOCAF/A/2017/152511 dated 03.04.2018, wherein the Commission had observed that no reply in response to the RTI application dated 04.01.2017 was furnished to the appellant by the respondent. The CPIO was directed to explain as to why action under Section 20(1) of the RTI Act should not be initiated against him.
Hearing on 31.05.2018:
2. The respondent, Shri E. Nagachandran, Dy. Director, Company Law-II Section (Serious Fraud Investigation Office), Ministry of Corporate Affairs, New Delhi attended the hearing through audio-conferencing. The respondent requested the Commission to grant him some more time to submit written submissions in the matter.
Interim Decision:
3. The Commission considered the request of the respondent and adjourns the matter to 29.08.2018 at 10.30 am.
Hearing on 29.08.2018:
4. The respondent, Shri E. Nagachandran, Dy. Director, Company Law-II Section (Serious Fraud Investigation Office), Ministry of Corporate Affairs, New Delhi was present in person.
5. The respondent submitted that due to oversight he could not attend to the RTI application dated 04.01.2017 filed by the appellant. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same. Further, the appellant has filed many RTI applications in the past on the same subject matter relating to National Spot Exchange Limited scam and the CPIO has duly furnished replies to the applications received by him. Hence, similar information has been furnished to the appellant in the past. Hence, there was no deliberate and malafide intent on the part of the respondent to delay or deny the information sought by the appellant. In view of this, he requested that the Show Cause Notice issued to him be dropped.
DECISION
6. The Commission, after hearing the submissions of the respondent and perusing the records, observes that the respondent stated during the hearing that similar information has been provided to the appellant in the past in response to his previous RTI applications on the same subject matter. Hence, it cannot be said that there was any malafide or deliberate attempt on the part of the respondent to withhold or deny information to the appellant. Thus, it cannot be said that information was malafidely withheld by the respondent. Hence, in the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the respondent. In view of this, the Show Cause Notice issued to Shri E. Nagachandran, Dy. Director, Company Law-II Section (Serious Fraud Investigation Office), Ministry of Corporate Affairs, New Delhi is hereby dropped.
7. Copy of the decision be provided free of cost to the parties.