Central Information Commission Judgements

Ms. Mausumi Bhattacharjee vs O/O The Registrar Of Companies … on 21 November, 2008

Central Information Commission
Ms. Mausumi Bhattacharjee vs O/O The Registrar Of Companies … on 21 November, 2008
               Central Information Commission
                            2nd Floor, August Kranti Bhawan,
                        Bhikaji Cama Place, New Delhi - 110 066
                                Website: www.cic.gov.in

                                                          Decision No.3451/IC(A)/2008
                                                           F. No.CIC/MA/A/2008/01283
                                                        Dated, the 21st November, 2008

Name of the Appellant:                  Ms. Mausumi Bhattacharjee

Name of the Public Authority:           O/o the Registrar of Companies (NCT of Delhi
                                        & Haryana)
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Facts

:

1. Both the parties were heard on 19/11/2008.

2. In the course of hearing, the details of information asked for and the
replies given by the CPIO and the Appellate Authority were discussed. The
appellant stated that the CPIO has not furnished the information asked for by her.
In response to this, the CPIO stated that the information asked for is already in
public domain and the appellant is free to seek inspection of the relevant
documents u/s 610 of the Companies Act. Upon inspection of the documents,
she is free to obtain relevant copies of the required documents.

Decision:

3. As agreed between the parties, the CPIO would allow inspection of the
relevant records on the date and time mutually acceptable to both the parties.
Upon inspection of the documents, the specified information should be furnished
to the appellant.

4. As there are already transparency norms in place under the relevant
provisions of the respondent, an information seeker is not required to invoke the
provisions of the RTI Act. Accordingly, the required documents should be
obtained as per the fee and cost rules of the Companies Act. The appellant
agreed to make payments as per the fee and cost rules of the Companies Act, to
obtain the information.

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“If you don’t ask, you don’t get.” – Mahatma Gandhi

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5. Both the parties should cooperate in the matter of inspection of documents
within 15 working days from the date of issue of this decision, failing which
penalty proceedings u/s 20(1) of the Act will be initiated against the CPIO of the
respondent.

6. With these observations, the appeal is disposed of.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner ii

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name & address of Parties:

1. Ms. Mausumi Bhattacharjee, 55 Vidyut Nikunj, 112, I.P. Extension, Delhi –

110 092.

2. Sh. M.C. Saxena, ARC, Office of the Registrar of Companies, (NCT of
Delhi & Haryana), 4th floor, IFCI Tower, Nehru Place, New Delhi-110019.

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“All men by nature desire to know.” – Aristotle

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