Central Information Commission
File No.CIC/SM/A/2009/000620 dated 13-08-2008
Right to Information Act-2005-Under Section (19)
Dated: 25 March 2010
Name of the Appellant : Shri Amit Pande
C/o Shri B C Pande,
344, Jiwaji Nagar,
Thatipur, Gwalior - 474 011.
Name of the Public Authority : CPIO, Small Industries Development
Bank of India, SIDBI Tower,
15, Ashok Marg,
Lucknow - 226 001.
The Appellant was present in person.
On behalf of the Respondent, the following were present:-
(i) Shri Garg,
(ii) Shri Dugesh Pandey
2. In this case, the Appellant had, in his application dated 13 August
2008, requested the CPIO for a number of information ranging over a variety
of issues including the adoption of Supreme Court rulings by the SIDBI and
the report of the HR consultant. In his reply dated 9 September 2008, the
CPIO offered some clarification/information against most of the queries but
denied to disclose the report of the HR consultant claiming exemption under
Section 8(1) (d) of the Right to Information (RTI) Act. Against the response
of the CPIO, the Appellant preferred an appeal on 16 October 2008. The
Appellate Authority disposed of the appeal in his order dated 18 November
2008 and found no merit in it. It is this order which the Appellant has
challenged in his second appeal.
3. We heard this case through videoconferencing. The Appellant was
present in the Gwalior studio of the NIC whereas the Respondent was
present in the Lucknow studio. We heard their submissions. The Appellant
clarified that he was interested only in getting a copy of the report of the
HR consultant. The Respondent however argued that that report was an
intellectual property of the Bank and that it contained trade secrets the
CIC/SM/A/2009/000620
disclosure of which would adversely affect the competitive position of the
Bank. We carefully considered these submissions. We cannot agree with the
CPIO that no part of the report of the HR consultant could be disclosed and
the entire report is full of commercial confidence. Surely, except for some
specific findings/recommendations of the consultant regarding
strategic/policy issues in respect of the staff, the remaining part of the
report cannot be held back as either trade secret or intellectual property.
4. In view of the above, we direct the CPIO to provide to the Appellant
a copy of the report of the HR consultant within 10 working days from the
receipt of this order after severing those portions of the report which deal
with strategic/policy issues. In the covering letter, the CPIO shall mention
how many paragraphs/chapters of the report have been severed on the
ground that those contained strategic/policy issues the disclosure of which
would adversely affect the competitive position of the Bank.
5. With the above direction, the appeal is disposed off.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges prescribed under the Act to the
CPIO of this Commission.
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2009/000620