Information pertaining to the selection of applicants for empanelment to take up mineral investigation works allotted by NMET - CIC: The reply by the PIO was an error of judgment with no malafide intention; PIO counselled to be careful in future
20 Jun, 2018ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of Mines, Government of India, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi seeking information on three points pertaining to the selection of applicants for empanelment to take up mineral investigation works alloted by National Mineral Exploration Trust (NMET), including, inter-alia,
(i) date of registration of the company/firm of selected applicants,
(ii) technical strength of selected applicants along with the date of appointment of geologists in the company, and
(iii) the details of prior projects of selected applicants relating to mineral investigation.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO denied information on the grounds that the information sought does not fall under the definition of information under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. The appellant requested the Commission to direct the CPIO to provide information as sought by him.
Hearing:
3. The appellant, Shri V.D. Rajagopal attended the hearing through video conferencing. The respondent Shri M.R. Sathyanarayanan, Section Officer & CPIO and Shri Maneesh Khar, Director, NMET, GSI, were present in person.
4. The appellant submitted that M/s National Mineral Exploration Trust (NMET) issued a notification vide EOI request No. 4/1/2015-NMET dated 27.12.2016 calling for explorers to provide exploration services to National Exploration Agency (NEA) in relation to proposed exploration projects. Further, the NMET vide notification dated 08.05.2017 identified explorers who were considered to be qualified by them. In the said list, however, the appellant’s name did not figure, and no reason was assigned for non-selection. Moreover, some of the mining companies who had no considerable experience in mineral investigation were selected. Hence, he filed an RTI application dated 23.05.2017 to the Secretary, Ministry of Mines, seeking to know whether the selected applicants were highly qualified so as to compare their technical strength with that of the appellant’s firm. The RTI application was then forwarded to the Dy. Director General, GSI & NMET vide letter dated 08.06.2017. However, the CPIO gave incorrect reply stating that the information sought by him did not qualify as ‘information’ under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. The appellant further stated that the FAA also did not adjudicate his appeal on merits and merely upheld the decision of the CPIO. Further, the information sought by him is available at Annexure 6 and 7 of the documents submitted by the applicants to the NMET while seeking empanelment. Hence, it is easily available and not voluminous and will not disproportionately divert the resources of the respondent organization.
5. The respondent submitted that the information sought by the appellant is in the custody of NMET, collating and compiling of which would disproportionately divert the resources of the respondent organization. Further, the information sought is not available in a soft copy. Hence, the disclosure of the information is exempted as per 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. of the RTI Act. The respondent, however, admitted that the CPIO had, inadvertently, furnished an incorrect reply by claiming that the information sought does not fall within the purview of the definition of ‘information’ under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. He, therefore, tendered his unconditional apology for this lapse and requested the Commission to condone the same
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that the information sought by the appellant in his RTI application dated 23.05.2017 falls within the purview of definition of ‘information’ under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. The term “information” has been defined in Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act and reads as under: (f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
7. The Commission, however, further observes that the reply dated 20.06.2017 was based on an error of judgment on the part of the CPIO concerned. However, it cannot be said that the CPIO had acted consciously and deliberately with a malafide intention to provide incorrect or misleading information to the complainant. The Commission, however, would like to counsel the CPIO to be more careful in future and to furnish replies to the RTI applications after due application of mind and to ensure that the provisions of the RTI Act are implemented in letter and spirit.
8. The Commission further observes that the Division bench of Jharkhand High Court, in State of Jharkhand v. Navin Kumar Sinha and Anr., AIR 2008 Jharkhand 19 dated 08/08/2007, has held as under:
“26……..The question therefore that falls for consideration is as to whether disclosure of various documents submitted by the bidders is a trade secret or commercial confidence or intellectual property. Prima facie, we are of the view that once a decision is taken in the matter of grant of tender, there is no justification to keep it secret. People have a right to know the basis on which the decision has been taken. If tenders are invited by the public authority and on the basis of tender documents, the eligibility of a tenderor or a bidder is decided, then those tender documents cannot be secret, that too, after the tender is decided and work order is issued on the ground that it will amount to disclosure of trade secret or commercial confidence. If the authorities of Government refuse to disclose the document, the very purpose of the Act will be frustrated. Moreover, disclosure of information, sought for by the petitioner, cannot and shall not be a trade secret or commercial confidence; rather disclosure of such information shall be in public interest, inasmuch as it will show the transparency in the activities of the Government.”
It is further noted that the aforementioned decision was challenged before the Hon’ble Supreme Court of India in SLP (C) No. 18030/2007 and dismissed on 5th October, 2007.
9. In view of the above, the Commission directs the respondent to provide the copies of Annexure 6 and 7 of the documents, submitted by the applicants to the NMET while seeking empanelment, to the appellant, after severing personal information of third parties such as, the names of the geologists, etc., within a period of four weeks from the date of receipt of a copy of this order.
10. With the above observations, the appeal is disposed of.
11. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: V.D. Rajagopal v. Ministry of Mines in CIC/MINES/A/2017/154626, dated 26.03.2018