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Decision No. CIC/SG/A/2008/00401/1512
Appeal No. CIC/ SG/A/2008/00401
Relevant facts emerging from the Appeal:
Appellant : Mr. Navnit H. Vyas,
7, Bhagwati Bhuvan,
323 - A, Dr. Ambedkar Road,
Matunga (E), Mumbai - 400019.
Respondent : The Registraar (R & D) & PIO,
Indian Institute of Technology Kanpur,
Research and development Office,
P. O. – IIT, Kanpur – 208016.
RTI application filed on : 21/05/2008 Reply from PIO : 06/06/2008 First Appeal filed on : 04/07/2008 First Appellate Authority order : 24/07/2008 Second Appeal filed on : 15/12/2008 Information Sought:
The Appellant had filed an application requiring information the details of analytical testing of
Mercury level and COD (Chemical Oxygen Demand) of water of Bore well at Village Chiri,
Vapi, Gujarat tested in the year 1999.
PIO’s Reply:
The PIO in his reply stated that as per “Exemption” clause under the provision of the Act,
clause 8(1) (d), the information involving intellectual property, disclosure of the which would
harm the competitive position of a third party, is exempted. The information sought need not be
provided under the above exemption clause.
First Appellate Authority Ordered:
The FAA said in the order that it is quite clear that the PIO has already desired information to
him vide letter dated June 6th, 08 & July 11th, 08. The PIO has also advised Sh. Navneet S Vyas
vide letter dated July 11th, 08 to approach the Centre for Environmental (CSE) for the details of
the tests and hence the instant application letter dated July 4th, 08 is rendered infructous and is
thereof accordingly.
Relevant facts emerging during hearing:
The following were present.
Appellant: Mr. Navnit H. Vyas
Respondent: Mr. R.K. Sachan PIO
The PIO has resorted to all kinds of unnecessary refusals, where it is now claimed that
the results of such tests are not kept after three years. The PIO has been very casual in
giving the answers, and is warned that such acts would invite the penal provisions of
Section 20 (1) of the RTI act.
Decision:
The Appeal is disposed.
The PIO will send the copy of the destruction of records policy to the appellant before
20 February 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
February 05, 2009
(In any case correspondence on this decision, mention the complete decision number.)