NSE/NSDL rules & regulations regarding working days & work timing for OFF Market Share Transactions by DP was sought - CIC order dated 04.05.2010 declaring National Stock Exchange of India as a public authority was stayed by Delhi High Court on 21.08.2012
The complainant vide his RTI application sought information regarding the NSE/NSDL rules and regulations regarding working days and work timing for OFF Market Share Transactions by Depository Participant (DP) specially for the period of year 2004. The CPIO vide its letter dated 07.04.2013, informed the complainant that NSEIL was not a public authority and the said matter was pending adjudication before the Hon’ble High Court of Delhi which had stayed the applicability of the RTI Act, 2005 to NSEIL. Dissatisfied by the reply of the CPIO, the complainant approached the FAA. The order of the FAA, if any, is not on record of the Commission.
Facts emerging during the hearing:
The following were present:
Respondent: Mr. Vishal Lohire, Sr. Manager (Legal Department), NSE, Mumbai (M: 9987646849) through VC;
The complainant remained absent during the hearing. On perusal of the records, it is observed that the respondent company had replied to the complainant informing him about the pendency of the applicability of RTI Act, 2005 to their company in Hon’ble High Court of Delhi. In its written submission however, the corporate legal department of NSEIL have now informed the Commission that the order dated 04.05.2010 passed by division bench of Hon’ble Delhi High Court in LPA No. 315/2010 had stayed the decision of the CIC declaring NSEIL as a public authority on 21.08.2012 which continues, till date. Besides this, the Commission was informed that the complainant himself was not clear about the nature of information sought by him. Further, it was explained that the offline transactions are done by NSDL and therefore the complainant was advised to approach them in this regard. The complainant was not present to contest the submission of the respondent or to substantiate his claims further.
Keeping in view the facts of the case and the submissions made by the respondent, no further intervention of the Commission is required in the matter.
The complaint stands dismissed.
Citation: Shri Padmakant B Patel v. National Stock Exchange of India Ltd in Complaint No.:- CIC/SS/C/2013/000439-BJ, Date of Decision : 20.02.2017