CENTRAL INFORMATION COMMISSION
Appeal No.2654/ICPB/2008
F.No. PBA/2007/1384
August 11, 2008
In the matter of Right to Information Act, 2005 - Section19
[Hearing at Puducherry on 25.7.2008 at 11.45 a.m.]
Appellant: Mr. P. Kulothungan
Public authority: Department of Industrial Development
Mr. M. Subramanian, Under Secretary & CPIO
Mr. T.M. Balakrishnan, Secretary & Appellate Authority
Parties Present: For Respondent:
Mr. M. Subramanian, Under Secretary
Mr. P. Kulothungan-Appellant
Mr. D. Gunasekaran
FACTS
:
The appellant has sought information under RTI Act by his application
dated 15.2.2007 addressed to the PIO, Chief Secretariat, Puducherry regarding
service conditions of Mr. G.Ganesh, Deputy Chief Executive Officer, Puducherry
Khadi and Village Industries Board, Puducherry (“the Board”). The PIO vide letter
dated 15.2.2007 has denied the information under section 8(1)(j) of RTI Act. Not
satisfied the appellant preferred appeal before the Secretary (Industries &
Commerce) on 28.2.2007. The First AA has disposed of this appeal by his order
dated 10.4.2007 after hearing the parties on 5.4.2007. The AA held the
information asked for may fall within the purview of section 8(1)(e) and 8(1)(j) of
RTI Act. Moreover, since the counter affidavit filed by the Board is a matter of
records of the court and since the appellant is also a party in the case, the AA
stated that it is advisable the appellant obtain a copy from the concerned court.
Aggrieved, the appellant preferred this appeal before the State Information
Commission, which has been transferred to this Commission as the State
Commission was wound up.
2. Comments were called for from the public authority which is received from
the Under Secretary (Ind. & Com) on 19.2.2008. The appellant has also
submitted his rejoinder.
DECISION:
3. This case came up for hearing on 25.7.2008, which was attended by the
concerned officials of the Department. The appellant attended the hearing in
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person along with his companion. I have gone through the RTI application and
other replies received in this connection. The parties have been heard in detail.
It is learnt during the hearing that the appellant is interested mainly in getting the
information regarding counter affidavit filed by the Secretary in the case filed by
one Mr. Ganesan in the High Court. The public authority is right in denying this
information as it is something between Mr. Ganesan and the Board and not
concerning with the appellant and hence, the appeal is deserves to be rejected.
In these lines, the appeal is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. M. Subramanian, Under Secretary & CPIO, Department of Industrial
Development, Puducherry.
2. Mr. T.M. Balakrishnan, Secretary & Appellate Authority, O/o of the
Secretary (Industries), Chief Secretariat, Puducherry.
3. Mr. P. Kulothungan, No. 27, Poongavana Chettiar Street, Kalapet,
Puducherry-605014
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