CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/000191
Appellant : Shri Harsha P Banad
Public Authority : Bharat Electronics Limited
(through Shri S.I. Sheikh, DGM (CPIO))
Date of Hearing : 24.11.2009
Date of Decision : 24.11.2009
FACTS
:
By his letter of 19.7.2008, the appellant had requested for the
following information :-
“Movement Order Details of Shri M. Eshwar Rao, Executive
Director, from 7.6.2004 to 21.6.2004 indicating the purpose of his
deputation, details of his stay, authorized by whom, monetary
claims etc., during which period of Shri M. Eshwar Rao, was facing
Police Investigation in a Criminal Case registered against him i.e.
Crime No. 218/04 in Kadugondana Halli Police Station under K.R.
Puram Circle.”
2. The CPIO had refused to disclose this information u/s 8 (1) (j) of the
RTI Act vide letter dated 12.9.2008. The Appellate Authority has affirmed
the decision of CPIO vide order datd 30.9.2008. However, surprisingly,
the Appellate Authority consists of 04 officers in this mater. This is an
interesting arrangement put in place by BEL.
3. Heard on 24.11.2009. Appellant not present. The public authority
is represented by the officer named above. Shri Sheikh is heard. He
supports the decision taken by him earlier.
4. It may be noted that Shri M. Ishwar Rao was occupying senior
executive position in BEL in the month of June, 2004. The appellant has
requested for his tour details, monetary claims and the competent authority
who approved his tour programme etc. In my view, this information falls
in public domain, more so when Shri Rao has retired from service and
when Shri Sheikh has not pleaded any danger to Shri Rao’s life in the
eventuality of disclosure of the requisite information. In my view, the
information is not barred from disclosure under any clause of section 8 (1).
DECISION
5. In view of the above, the CPIO is directed to disclose the requested
information to the appellant in 06 weeks time. Further, the top
management of BEL is directed to nominate a sufficiently senior officer as
Appellate Authority. It is clarified that RTI Act does not contemplate
vesting this authority in a group of officers. This appellate authority,
necessarily, is to be exercised by an individual officer.
6. The matter is decided accordingly.
Sd/-
(M.L. Sharma)
Central 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.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Shri S.I. Sheikh
DGM (CPIO),
Bharat Electronics Limited,
Outer Ring Road, Nagavara,
Bangalore-560045
2. Shri Harsha P Banad
Advocate No. 7,
1st B, Main Road, Muthyalanagar,
Bangalore-560054