Central Information Commission
File No.CIC/SM/A/2009/000773 dated 03-10-2008
Right to Information Act-2005-Under Section (19)
Dated: 15 March 2010
Name of the Appellant : Shri Manohar P Koli
Turbhe Macchimar Vividh Karyakari
Sahakari Society Ltd., Near Ram Temple,
Trombay Koliwada,
Mumbai - 400 088.
Name of the Public Authority : CPIO, Department of Atomic Energy,
Vikram Sarabhai Bhawan,
Anushakti Nagar,
Mumbai - 400 088.
The Appellant's representative was present.
On behalf of the Respondent, the following were present:-
(i) Shri V.K. Jain, CPIO
(ii) Shri Madhavan Kutty,CAO
2. In this case, the Appellant had requested the CPIO on 3 October 2008
for a number of information regarding the membership of a Cooperative
Housing Society. The CPIO, in his reply dated 3 November 2008, provided
certain clarification/information. Not satisfied with the reply, the Appellant
preferred an appeal on 18 November 2008 which the Appellate Authority
decided in his order dated 22 December 2008. He too offered some more
information/clarification in the matter. However, the Appellant did not
find the orders satisfactory and has come before the CIC in second appeal.
3. During the hearing in Mumbai, the Appellant was represented by Shri
Mahadeo S. Lal. The Respondents were also present. We heard their
submissions. The Appellant specifically drew our attention to those items of
information which he had listed in his first appeal and submitted that he
should be provided with those. On the other hand, the Respondent
submitted that they did not have the relevant records in their possession
and, therefore, could not provide the same.
4. We carefully examined the specific request made by the Appellant as
CIC/SM/A/2009/000773
in his first appeal and the various submissions made by the CPIO/Appellate
Authority. While we agree with the Respondents that the DAE may not have
the present list of the members of Saras Baug Co-operative Housing Society,
we cannot agree to the claim that the letter No. 11/2/82-SSS dated 7 April
1982 is not available in the records of the Department. It is difficult to
accept that the record regarding grant of permission by the State
Government authorities or sale of a plot of land should also not be available
in the DAE files. In fact, in one of the communications of the Departments
itself, there is a clear reference to the letter of 7 April 1982 and, therefore,
it is unlikely that it should not exist. We, therefore, direct the CPIO to
make a fresh search for these records and to provide to the Appellant the
copies of the same within 10 working days from the receipt of this order.
However, if for any reason, these records are not traceable/available, we
direct the CPIO to give a sworn affidavit clearly stating that these records
are not available with the public authority.
5. With the above directions, the appeal is thus 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/2009/000773