Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2010/000202
Name of the Appellant : Shri Akash Deep Goel
(The Appellant was not present)
Name of the Public Authority : Directorate of Vanaspati,Vegetable
Oils, Department of Food & Public
Distribution,
Ministry of Consumer Affairs, Food
and Public Distribution, New Delhi
Represented by Dr. Y.C. Nijhawan,
and Rajani Agarwal
The matter was heard on : 31.8.2010.
ORDER
Shri Akash Deep Goel, the Appellant vide his application dated
25.5.2009 requested for the following documents pertaining to Ramkrishna
Solvex Private Limited (RKSPL):
(a) Reply submitted by Ramkrishna Solvex Private Limited in response
to your Order No. 2/30/2007.SEO dated 18.12.2008.
(b) Court Order(s), if any, furnished by Ramkrishna Solvex Private
Limited in their defence against your Order No. 2/30/2007/SEO dated
18.12.2008.
(c) Note sheets and Notings of your office file pertaining to Ramkrishna
Solvex Private Limited.”
In his appeal before the Commission, the Appellant submits that he has
been provided information with respect to para (b) of his RTI application on the
directions of the First Appellate Authority (FAA), but he has been denied
information/documents by the Respondent CPIO and the FAA with respect to
information requested at para (a) & (c) of his RTI application. Today’s hearing
is in continuation of the hearing held on 28.7.2010 and Commission’s order
dated 28.7.2010.
During the hearing the Respondent submits that the information sought
for by the Appellant involves furnishing of documents/information involving third
party namely M/s Ramkrishna Solvex Private Limited (RSPL) and therefore the
provisions of section 8(1) (j) of the RTI Act would apply. M/s Ramkrishna
Solvex Private Limited, vide their letter dated 16.6.2009 have intimated that the
information/documents required by the Appellant may not be furnished to him.
In view of this letter, copies of documents sought by the Appellant have not
been furnished. The FAA has upheld the reply/decision of the CPIO. During
the hearing, the Respondent submit that the letter asked for by the Appellant at
para (a) of RTI application was regarding a complaint received by the
Directorate regarding Manufacturing of Solvent extracted oil by M/s
Ramkrishna Solvex Private Limited in the premises of M/s Marvel Agrex Ltd.,
without valid license and his reply denying the allegation. The Respondent
submit that in his reply M/s Ramkrishna Solvex Private Limited has also
enclosed a proposal for establishing a plant which includes the details of the
plant and its process and this information, as per the Respondent, is a
proprietary item and information of a commercial nature, which would harm the
position of the third party i.e. M/s Ramkrishna Solvex Private Limited, if
revealed. Therefore, they seek exemption from disclosure of this information
under the provision of 8(1) (d) of the RTI Act.
After hearing the Respondent and on perusal of relevant documents on
file, the Commission is of the view that the reply submitted by M/s Ramkrishna
Solvex Private Limited in response to a letter of the Directorate conveying a
complaint received by them of manufacturing of Solvent extracted oil by M/s
Ramkrishna Solvex Private Limited and their denial cannot be treated as
personal information of the third party because the reply on a complaint has
relationship to public activity and disclosure of such information would not
cause unwarranted invasion of the privacy of the individuals. However, the
details of the plant and its process may involve commercial confidence and
trade secrets and the disclosure of such information may harm the competitive
position of M/s Ramkrishna Solvex Private Limited.
In view of the above, the Commission directs the Respondent PIO to
provide the copy of the reply submitted by M/s Ramkrishna Solvex Private
Limited, as requested for by the Appellant at point No. (a) of his RTI application,
excluding the details of the plant and its process, submitted by M/s Ramkrishna
Solvex Private Limited, for obtaining a license. Similarly the Respondent are
also directed to provide file notings pertaining to M/s Ramkrishna Solvex
Private Limited. The directions of the Commissions are to be complied within
10 days of receipt of this order.
The matter is disposed off on the part of the Commission.
(Sushma Singh)
Information Commissioner
31.08.2010