Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.5635/IC(A)/2010
F. Nos.CIC/MA/A/2010/000331
CIC/MA/A/2010/000332
CIC/MA/A/2010/000333
Dated, the 26th July, 2010
Name of the Appellant: Shri. Akhilesh Gupta
Name of the Public Authority: O/o the Official Liquidator
Facts
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1. The appellant has submitted three separate appeals in respect of his
different RTI applications on an identical issue of accessing certain information
pertaining to Companies in liquidation. All the appeals are examined together.
The appeals were heard on 20/7/2010. While the respondents appeared for
hearing on the scheduled time, the appellant reported for hearing after the
respondents had left the Commission.
2. In the course of hearing, the details of information asked for and the
appellant’s grievances regarding access to information were discussed. The
respondents stated that as per the direction of this Commission wide decision
notice No.4688/IC(A)/2009 dated 11/11/2009 the appellant was allowed
inspection of the relevant records and the desired documents were furnished on
the basis of available records. The CPIO stated that the information asked for by
the appellant relate to companies in liquidation and the information pertains to
the activities of the companies which committed irregularities leading to the
initiation of liquidation process.
3. He also stated that in view of the large number of cases over 6000 relating
to liquidation of companies and inadequate supporting staff, the records have not
been arranged as per the expectations of the appellant. The documents asked
for by the appellant largely relate to the identified companies which have not
submitted the documents to the respondent and therefore the information asked
for by the appellant are not available with the Office of the respondent. And,
therefore, the same could not be furnished.
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“If you don’t ask, you don’t get.” – Mahatma Gandhi
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4. The appellant alleged that it was not possible for him to lay his hand on
the required documents mainly because the records as maintained with the
respondent are mixed up. The records are not properly indexed and arranged to
facilitate easy access to the information.
5. The CPIO also stated that the information asked for relate to certain
disputed matters and the Court is duly seized of the issues raised by the
appellant. There is, therefore, no justification for resorting to forum hunting, in
the garb of seeking information, to put undue pressure on the respondent for
seeking redressal of grievances regarding liquidation of the companies in
question.
Decision:
6. The CPIO has assured to make sincere attempts to properly classify and
arrange the records and files so as to facilitate the process for accessing
information held by the respondent. Through his different RTI applications, the
appellant has not specified as per section 2(f) of the Act, as to which information
has been refused to him. He seems to have sought for expression of opinion in
respect of the on-going Court proceedings in respect of liquidation of companies.
As the appellant has already inspected the relevant records as per the
Commission’s direction under decision notice no.4688/IC(A)/2009 dated
11/11/2009 and that the CPIO has agreed to allow access to further information
in the matter, if required, there is no justification for raising issues before this
Commission. More so because the information pertain to companies, which are
facing liquidation due to irregularities committed by them.
7. Since the matter is already before the Court, it may not be proper for us to
interfere in the matter.
8. As there is no denial of information u/s 8(1) of the Act, and that the
appellant has already been allowed unrestricted inspection of records, the
appeals are considered unnecessary and all the appeals are thus disposed of.
Sd/-
(Prof. M.M. Ansari)
Central Information Commissionerii
Authenticated true copy:
(M.C. Sharma)
Deputy Registrar
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“All men by nature desire to know.” – Aristotle
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Name & address of Parties:
1. Shri. Akhilesh Gupta, B-6, Sector-47, NOIDA (U.P.)
2. Shri. Dinesh Chand, CPIO, Dy. Official Liquidator, Office of the Official
Liquidator of Bharat Carpets Ltd., A-2, W2, Curzon Road Barracks,
Kasturba Gandhi Marg, New Delhi-110 001.
3. Shri. S.B. Gautam, Appellate Authority & Official Liquidator, A-2, W2,
Curzon Road Barracks, Kasturba Gandhi Marg, New Delhi-110 001.
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