Three complaints were filed by the appellant relating to non-filing of balance sheets by three companies - Respondent: The enquiry report was submitted to the Regional Directorate - CIC: Provide enquiry report covering the action taken as asked for
The appellant has sought the following information with reference to MCA letter dated 29/08/2018 Comp/7260/2018/6570:
1. Certified copy of note sheet giving notings by various officials and decision of competent authority on the above referred Complaint to MCA.
2. Certified copy of investigation report or feedback obtained with respect to the complaint.
3. Certified copy of the note sheet giving notings by various officials and decision of competent authority on the investigation report/feedback received.
4. And other related information.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was contacted over phone, at which time he stated that his Counsel was supposed to remain present. However as he was not present the case may be decided on merits. The CPIO reiterated the contents of the reply dated 08.10.2018 and the FAA’s order dated 24.10.2018. She further submitted that three complaints were filed by the appellant relating to non- filing of balance sheets by three companies, which were duly considered. On a query by the Commission she submitted that at present the enquiry is complete and the enquiry report was submitted to the Regional Directorate, Northern Region, Ministry of Corporate Affairs. She agreed that she can provide the enquiry report to the appellant which will cover the action taken as asked for by the appellant.
Based on a perusal of the record, it is noted that a revised point wise reply enclosing the action taken report \ inquiry report on the complaint can be provided by the respondent.
The CPIO is accordingly directed to provide a revised point wise reply as discussed above within 7 days from the date of receipt of the order.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Citation: Umesh Khanna v. CPIO/ Asst. Registrar of Companies Ministry of Corporate Affairs O/o the Registrar of Companies in Decision no.: CIC/ROCDH/A/2018/169315/02275, Date of Decision: 05/12/2019