O R D E R

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) O/o. the Oil and Natural Gas Corporation Limited, Mumbai. The appellant seeking information is as under:-

“1. Request letter received by Head, Nhava Supply Base, ONGC, Nhava from Shri Sanjay Kumar, police commissioner, Navi Mumbai to develop / reconstruct the Police Station at Elephanta Caves as a CSR Project.

2. Complete copy (or screen shots) of proposal notings in Disha System by Civil Section, Nhava Supply Base, ONGC, Nhava along with all annexures to develop / reconstruct the Police Station at Elephanta Caves as a CSR Project

3. It is learnt that Chief General Manager (Civil), Nhava Supply Base, ONGC Nhava had forwarded the file for approval & the steering committee of CSR Projects has turned it down. Complete noting along with copy of Annexures in respect of the entire proceedings.

4. Some more records related to the issues like site survey, elements & cost estimate of the project”.

2. The CPIO vide letter dated 27-01-2020 furnished a point-wise reply to the appellant. Being dissatisfied with the same, the appellant has file first appeal dated 23-02-2020 and requested that the information should be provided to him. The FAO vide order dated 02-03-2020 upheld CPIOs reply and disposed the appeal. Thereafter the appellant has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant attended the hearing through video-call. The respondent, Shri Vivek Jhiney, DGM (HR)/ CPIO attended the hearing through audio-call.

4. The appellant submitted that the desired information has not been provided to him by the respondent on his RTI application dated 30.12.2019. He further submitted that the information sought by him deal with a CSR project to develop / reconstruct the Police Station at Elephanta Caves and hence pleaded that documents pertaining to the same are public documents and should be furnished to him along with a right to inspect the same.

5. The respondent while reiterating the replies of the CPIO/ FAA submitted that vide their letter dated 27.01.2020 furnished a point wise reply to the appellant. The FAA vide its order dated 02.03.2020 also upheld the reply furnished by the CPIO.

Decision:

6. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant has sought information pertaining to a CSR project for the development/ reconstruction of the Police Station at Elephanta Caves and issues related thereto. The Commission further observes that the information sought by the appellant is a third party information which is being held by the respondent in fiduciary capacity and hence the same is barred from disclosure under Section 8(1)(d) & (j) of the RTI Act, 2005. However, since the information sought by the appellant pertains to the CSR project, the Commission directs the respondent to furnish the broad action taken/ outcome on this issue to the appellant, within a period of 15 days from the date of receipt of this order under the intimation to the Commission.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.

Neeraj Kumar Gupta ( )

नीरज कुमार गु(cid:3)ा

Information Commissioner ( )

सूचना आयु(cid:7)

/ Date : 14-12-2021 (cid:5)दनांक Authenticated true copy ( )

अिभ(cid:20)मािणतस(cid:25)यािपत(cid:20)ित S. C. Sharma ( . . ), एस सी शमा(cid:4)

Dy. Registrar ( - ), उप पंजीयक (011-26105682)

Addresses of the parties:

1. CPIO O/o. the Oil and Natural Gas Corporation Limited, 3^rd Floor, Quadrant No. 1, NSP Green Heights, Plot No. C-69, Opp. MCA Complex, Bandra-East, Mumbai-400051 2. Mr. Vijay Kumar Prasad