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Decision No. CIC /SG/A/2009/000595/3297
Appeal No. CIC /SG/A/2009/000595
Relevant Facts
emerging from the Appeal
Appellant : Mr.Ashok Sharma
R/o L-2/87, Shastri Nagar,
Delhi-110052.
Respondent : Mr.Ved Prakash
APIO
Container Corporation of India Ltd.
CONCOR Bhawan,
C-3, Mathura Road,
New Delhi-110076.
RTI application filed on : 12/06/2008 PIO replied : 04/08/2008 First appeal filed on : 03/09/2008 First Appellate Authority order : Not replied Second Appeal received on : 20/01/2009
The Details of required information:-
The Appellant had asked following g points that what action has been taken on
complaint against Mr.Rajiv Bhardwaj Senior General Manager (HR) dt. 03.04.2008 and
reminder on 05.05.2008:-
S.No. Information sought PIO’s reply
1. What action/decision has been taken That the applicant is a doubtful entity as
on my complaint dated 03.04.2008 there are variations in the various
and reminder dated 05.05.2008. The signatures available on record.
details of the same be sent to me.
2. Since when Mr.Rajeev Bhardwaj is That the applicant is an interested and
working with CONCOR. involved party being connected with
Sh.Jatin Arora whose address has been
used by him.
3. How much salary is Mr.Raji That the applicant refereed to FIR
Bhardwaj drawing per month. No.348/2007 instituted by Smt. Usha
Arora/Jatin Arora with whom the
applicant’s connection is on record.
4. The details of assets furnished by The third party has referred to the
Mr.Rajiv Bhardwarj at the time of ongoing legal dispute in FIR No.
joining the Govt. Department and 350/2007 wherein reference has been
latest declaration for the financial made about some nine (9) accused
year 2007-2008, regarding assets including Sh.Jatit/Arora.
owned and possessed by him.
5. What is the educational qualification
The third party has accordingly
of Mr.Rajiv Bhardwaj. expressed that the disclosure of the
sensitive and personal information held
in confidence by this Public Authority to
scuh involved and vested interest will
endanger his and his family life and
personal safety.
6. What is the qualification and The third party has also submitted to
experience required for the post of withhold the compete information under
Senior General Manager(HR) in section 8(1) (g) & 8(1) (j) of the Act.
your office.
7. Before joining CONCOR where and Not replied.
in which department was Mr.Rajiv
Bhardwaj posted and how much
slary he was drawing in that
department.
8. Whether Mr.Rajiv Bhardwaj has Not replied.
ever disclosed that he is having an
arms license in his name.
9. In what abnormal circumstance can Not replied.
a government servant apply/possess
an arms license, what is the reason
submitted by the said Mr.Rajiv
Bhardwaj for obtaining the arms
license.
10. In which school his two kids are Not replied.
styding and how much in the
education expenditure of both the
kids per month.
11. The Income tax returns for the last Not replied.
five years of Mr.Rajiv Bhardwaj
may kindly be providd to
complainant.
12. Whether Mr.Rajiv Bhardwaj ever Not replied.
posted in AIIMS in any capacity
whatsoever.
PIO had also replied regarding all other information under the sub Para (3) (4) (5)
(7) (8) (10) (11) and (12) of Para 3(b) (i) are being withheld under section 11 of the Act
as apprehension raised by the third party is based upon the certain material facts and no
larger public interest will be served in allowing private and interested parties to use RTI
Act for setting and discomfiting personal scores against the third party.
The First Appellate Authority ordered.
Not replied.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Mr. Ved Prakash, PIO
The PIO says he has given information on points 1,2,6,8 and 9 and has refused other
information on the grounds that it is third party. The PIO will have to give the answer to
query 3 since its requirement of Section 4 itself. Also the answer to the queries 3 and 5
will be disclosed.
Decision:
The Appeal is allowed partially.
The PIO will give the above information to the appellant before 30 May
2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
18th May, 2009
(In any correspondence on this decision, mentioned the complete decision number.)