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TMI Blog2023 (2) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the Hon ble Delhi High Court in the matter of Registrar of Companies Ors. v. Dharmendra Kumar Garg Anr. [ 2012 (6) TMI 176 - DELHI HIGH COURT] wherein it was held that Merely because the CIC eventually finds that the view taken by the PIO was not correct, it cannot automatically lead to issuance of a show cause notice under Section 20 of the RTI Act and the imposition of penalty. The legislature has cautiously provided that only in cases of malafides or unreasonable conduct, i.e., where the PIO, without reasonable cause refuses to receive the application, or provide the information, or knowingly gives incorrect, incomplete or misleading information or destroys the information, that the personal penalty on the PIO can be imposed. Considering the inability of the Complainant in substantiating his level of dissatisfaction with the CPIO s reply in the instant Complaints, no further action is warranted in the instant matters - Complaint disposed off. - CIC/GSTPZ/C/2021/640432, CIC/GSTPZ/C/2021/640475 - - - Dated:- 5-1-2023 - SAROJ PUNHANI INFORMATION COMMISSIONER Information sought: The Complainant filed an RTI application dated 28.11.2020 seeking th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , earthing etc. However, this office can only provide the names and accounting code of services for which M/s Jio Digital Fibre Pvt. Ltd. Is registered within the jurisdiction of this office, which is as under:- S.No. Description of services Service Accounting Code 1. Data Transmission services 998415 2. Internet access service in wired and wireless mode 998422 3. Other internet telecommunication services n.e.c. 998429 4. Other support services n.e.c. 998599 3. Pertains to CGST/SGST Ghaziabad 4. a. Pertains to CGST/SGST Ghaziabad b. Pertains to CGST/SGST Ghaziabad c. GST No. Of M/s Jio Digital Fibre Pvt. Limited Registered in Gurugram is 06AAECJ4213B1Z8. d. Pertains to CGST/ SGST Ghaziabad e. Pertains to CGST/SGST Ghaziabad f. Pertains to CGST/SGST Ghaziabad CIC/GSTPZ/C/2021/640475 Information sought: The Complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r attached letters, till 30 September 2020 during FY 2020-21. e. Contract value of work on which GST will be accounted for by the office named in para 1. f. GST paid by Organization named in para 4a in respect getting work executed/ being executed through Jio Digital Fibre private limited or having taken credit of GST paid by Jio Digital Fibre private limited till September 2020. The CPIO/ Respondent no. 1 furnished a pointwise reply to the complainant on 03.03.2021 stating as under - 1. In view of the Nagar Nigam Ghaziabad letter, the place of service is Ghaziabad which falls under the jurisdiction of CGST/SGST Ghaziabad. 2. The letter addressed by Nagar Nigam Ghaziabad to M/s Jio Digital Fibre Pvt. Limited, Gurugram, pertains to the terms and conditions for laying down digital cable and digging of road, earthing etc. However, this office can only provide the names and accounting code of services for which M/s Jio Digital Fibre Pvt. Ltd. Is registered within the jurisdiction of this office, which is as under:- S.No. Description of services Service Accounting Code 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 4e and 4f can be accessed by CPIO from Jio Digital Fibre private limited as per definition of information u/s 2f and b. the fact that documents attached with the RTI application showed place of provision of service as Ghaziabad which is in UP where-as in response to Query 4b CPIO writes place of Provision of Service as Haryana which are mutually self-contradictory. 4. Query wise response of CPIO and Complainant's observations are detailed below 1. Query 1-Information Provided 2. Query 2-Information Provided 3. Query 3-Information Provided 4. Query 4 In respect of Jio Digital Fibre private limited a. Name of the organisation, for which Jio Digital Fibre private limited, is digging earth and laying cables, after taking permission from local authorities as per attached letters and its GST no, as per records of GST office(s) named in response to query 1. Information not provided. Complainant believes that information sought is accessible to CPIO as information is defined u/s 2(f) of the RTI Act 2005 and CPIO has made no attempt to access the information sought with malafide intention because information if provided is going to disclose hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. If Hon'ble Commission decides to not to conduct inquiry under provisions of section 18 of the RTI Act 2005 then please give speaking order for not conducting inquiry, 4. Any other order to ensure that complaint u/s 18 is adjudicated in terms of the provisions of the Act and Supreme Court Order of Hon'ble Supreme Court of India dated December 12, 2011 in Civil Appeal Nos 10787-10788 of 2011 in Chief Information Commissioner and Another vs State of Manipur and Another in letter and spirit so that section 18 of the RTI Act 2005 does not become a redundant section. 5. Action(s) u/s section 20 of the RTI Act 2005 The Complainant further narrated his grievance regarding laying down of wi-fi transmission cable lines by the Jio Fibrenet Ltd. passing through his house which create disruption in his easement right of way to his home. Such circumstances led him to resort to RTI Act; however he is aggrieved by the fact that the CPIO did not facilitate him complete desired information after liasioning with the private entity i.e. Jio Fibrenet Pvt. Ltd. as per Section 2(f) read with Section 2(j) of the Act. He also contested the fact that his RTI Applications has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the lack of application of mind in relation to the nature of information sought. The materials on record clearly show the lackadaisical approach of the second and third respondent in releasing the information sought. However, the Petitioner has not been able to demonstrate that they malafidely denied the information sought. Therefore, a direction to the Central Information Commission to initiate action under Section 20 of the Act, cannot be issued. Furthermore, the Hon ble High Court of Delhi in the decision of Col. Rajendra Singh v. Central Information Commission and Anr. WP (C) 5469 of 2008 dated 20.03.2009 had held as under: .Section 20, no doubt empowers the CIC to take penal action and direct payment of such compensation or penalty as is warranted. Yet the Commission has to be satisfied that the delay occurred was without reasonable cause or the request was denied malafidely. xxx The preceding discussion shows that at least in the opinion of this Court, there are no allegations to establish that the information was withheld malafide or unduly delayed so as to lead to an inference that petitioner was responsible for unreasonably withholdi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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