D B Binu vs Ut Of Lakshadweep – Central Information Commission

Mr.D B Binu vs Ut Of Lakshadweep – Central Information Commission 
6 February, 2013 Kochi

CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066File No.CIC/LS/A/2013/000166

Appellant Shri D.B. Binu Public Authority Managing Director Sports, Lakshdweep, Kavarathi. Date of hearing 06.02.2013 Date of decision 06.02.2013 Facts :-

This matter is heard through video conferencing today dated 06.02.2013. Shri Javir appears for the appellant at NIC, Kochi. The Public Authority is represented by Shri Pookunhi, AGM(PIO) and Shri D. Karthikeyan, GM(AA).

2. It is noticed that vide RTI application dated 31.5.2012, the appellant had sought information on 05 paras. This was responded to by the CPIO vide letter dated 30.7.2012. During the hearing, Shri Javir submits that no information whatsoever has been provided to him on para 04 of the RTI application. The said para is extracted below :-

“4. Please furnish the certified copies of the documents which show the value of business turnover given by each and every travel agent to Sports during the last 3 years? (Namely 2009; 2010; & 2011 – with break-ups of each agents separately).”

3. On a query from the Commission, Shri Karthikeyan submits that the information is available in their Kochi office and he has no objection to give inspection of the available records to

the appellant. In view of the above, the appellant is advised to take inspection of records at Kochi office on a mutually convenient date and time and to take extracts there- from, free of cost, subject to a maximum of 100 pages.

4. This order may be complied with in 02 weeks time. Sd/-

( M.L. Sharma )

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 )

Deputy Registrar

Address of parties :-

1. The CPIO, Society for Promotion of Nature Tourism & Sports, o/o the Managing Director(Sports), Lakshadweep Tourism, Kavaratti-682555, Lakshadweep.

2. Shri D.B. Binu, General Secretary, Human Rights Defence Forum, Providence Road, Kochi-682018.  Resource: http://www.indiankanoon.org/doc/135177785/

View the original Application for Information under Right to Information – Respondents (SPORTS)

The applicant (Adv. D.B.Binu) has been striving selflessly over the past eight years to serve the public through his institution viz., the Human rights Defense Forum (Regd) (H.R.D.F) in his capacity as its General Secretary, from the year 2005, when the Right to Information Act was pressed into service.

Respondents (SPORTS) are public entity, functioning under the directive of the Lakshadweep Administration, with the executive duty of conducting the Lakshadweep Tour Programmes as envisaged by the Union Territory of Lakshadweep, Government of India.  SPORTS is duty-bound, under the rules prevailing in the country, to maintain proper accounts for the income and expenditure pertaining to the Lakshadweep Tour Programmes conducted by it during every season and subject the same for auditing. These documents, it is respectfully submitted, come under the purview of the Right to Information Act, 2005.

Full Text: Application for Information under Right to Information – Respondents (SPORTS)

Previous Listing: Appellant : Adv. P.K. Saleem Public Authority: Date of hearing : 09.01.2012 Date of Decision : 09.01.2012

Facts :- It is noticed that vide his RTI application, the appellant had sought information on 09 paras regarding the package offered by a Society called “Sports” being run by the Lakshdweep Administration and the matters related there-with. This was responded to by the General Manager of the Society vide letter dated 9.7.2010 asking the appellant to deposit Rs. 4,000/- for supply of about 2000 pages.

3. Aggrieved with the decision of the General Manager, the appellant has filed the present appeal.

4. I have heard Shri Singh. I have also perused the relevant records. In my opinion, the demand of fee of Rs. 4,000/- does not appear to be justified as it is not based on a realistic assessment of documents to be supplied. In fact, the demand of such high fee has tended to disincentivise the appellant in seeking the requisite information which is not appreciated. It is also noticed that vide his subsequent letter dated 3.1.2012, the General Manager had offered inspection of documents to the appellant. In fact, this offer should have been made right at the very beginning. Anyway, the present stand taken by the General Manager is legally correct. It is up to the appellant to avail of the offer of inspection or not.

5. Even so, the General Manager is hereby directed to make a fresh offer of inspection of documents to the appellant and if the appellant accept this offer, to supply him 400 pages of documents, free of cost. If appellant wishes to have additional documents, he will pay as per rules.

6. This order may be complied with in 04 weeks. Sd/- ( M.L. Sharma) Central Information Commissioner Full text: Mr. Adv P K Saleem vs  Lakshdweep Administration

 

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