Central Information Commission Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi­110066
website­cic.gov.in    

Appeal: No. CIC/MP/C/2014/900314      

Complainant : Shri Ramsagar Yadav, Mumbai
Public Authority : Securities & Exchange Board of India, Mumbai.
Date of Hearing : 20th July, 2015.
Date of Decision : 23rd July, 2015.
Present :
Complainant : Not present
Respondent  : Shri Aman Jain, AGM in person.                                                              

ORDER

1. The complainant Shri Ramsagar Yadav submitted RTI application dated 19.07.2014 before the Central Public Information Officer (CPIO), Securities & Exchange Board of India, Mumbai seeking information on three points – (a) name of the official of SEBI who had requested Shri R.K. Padmanabhan, CVO, SEBI to issue vigilance clearance for Shri Prashant Saran for his subsequent appointment as Whole Time Member in 2012; (b) Designation of the official of SEBI who had requested Shri R.K. Padmanabhan, CVO, SEBI to issue vigilance clearance for Shri Prasant Saran for his subsequent appointment as Whole Time Member in 2012; and (c) copy of the forwarding letter of Chairman, SEBI or of any officer of SEBI forwarding the application of Shri Prashant Saran for appointment as Whole Time Member in 2012.

2. The CPIO vide letter dated 19.08.2014 denied information on point (a) and (b) under the provisions of Section 8(1)(j) of the RTI Act stating that the names and designation of SEBI officials, handling the matter of issuance of Vigilance Clearance for Shri Prashant Saran for his subsequent appointment as Whole Time Member, SEBI in 2012 were internal to the functioning of SEBI and the said information relates to personal information, the disclosure of which has no relation to any public activity or interest. On point (c) the complainant was informed that the information sought was not available with the concerned department of SEBI.

3. Dissatisfied with the response of the CPIO, the complainant filed the present complaint before the Commission on the grounds of providing incomplete and misleading information on point (c). The complainant enclosed a copy of letter No. OHC/EA/6552/2012 dated 19.03.2012 forwarding the application of Shri Prashant Saran for appointment as Whole Time Member in 2012 issued by the EA to Chairman, SEBI.

4. The matter was heard by the Commission. The complainant did not attend the hearing in spite of a notice of hearing having been sent to him. He had, in his complaint requested, the Commission to initiate action against the CPIO u/s 20(1) of the RTI Act for providing misleading information on point (c). The respondents stated that the CPIO forwarded this point (c) of his RTI application to HR Department for comments, who stated that they did not have information in this matter.

5. The Commission holds that there is merit in the contention putforth by the complainant in his complaint as the complainant enclosed a copy of letter No. OHC/EA/6552/2012 dated 19.03.2012 forwarding the application of Shri Prashant Saran for appointment as Whole Time Member in 2012 issued by the EA to Chairman, SEBI on the contrary the CPIO informed the complainant on point (c) that the information was not available with the concerned department of SEBI. The CPIO is warned to be careful and advised to ensure that correct information is provided to the RTI applicants in future. The complaint is disposed of.

 (Manjula Prasher)
Information Commissioner