O R D E R

(05.06.2023)

1. The issue under consideration i.e. the reliefs sought by the complainant in the complaint dated 30.09.2021 due to alleged non-supply of information vide RTI application dated 09.07.2021 are as under:-  Take necessary action against the concerned CPIOs for not providing the information.

2. Succinctly facts of the case are that the complainant filed an application dated 30.09.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Deptt of Investment and Public Asset Management, New Delhi, seeking following information:- (i) What are the list of Maharatna PSUs targeted for disinvestment for the financial year 2019-20?

(ii) How much of the stakes will be sold in each of the Maharatna PSUs.

The CPIO vide letter dated 23.07.2019 replied to the complainant. Aggrieved by the same, the complainant filed first appeal dated 31.07.2019. The First Appellate Authority (FAA) vide order dated 07.08.2019 disposed of the first appeal. Aggrieved by the First Appellate Authority order, the complainant filed complaint dated 30.09.2021 before the Commission which is under consideration.

3. The complainant has filed the instant complaint dated 30.09.2021 inter alia on the grounds that reply given by the CPIO was not satisfactory. The complainant requested the Commission to take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 23.07.2019 to the complainant and the same is reproduced as under :- “In this regard, it is stated that the Government has been using a variety of instruments/ modes of disinvestment including Initial Public Offer (IPO). Offer for Sale (OFS). Buybacks, Strategic Disinvestment. Merger & Acquisition and Exchange Traded Funds (ETF). However, disinvestment transactions in respect of any CPSE is price sensitive and decision to undertake the transaction depend on the prevailing market conditions.

It is to inform that information sought in the RTI application is exempted from disclosure of information under Section 8(1) of RTI Act, 2005”.

The FAA vide order dated 07.08.2019 disposed of the first appeal and made the following observation:- i) “Cases of strategic disinvestments are recommended by the NITI Aayog.

There is no Maharatna PSUs/CPSEs currently recommended for strategic disinvestment.

ii) For minority stake sale, it is informed that such disinvestment transaction depend on the prevailing market conditions. Hence, the information remains confidential till completed. Therefore, such information is exempted from disclosure under Section 8 (1) of RTI Act, 2005.”

5. The complainant remained absent and on behalf of the respondent Ms. Babita Saxena, Under Secretary and Shri Rajat Kumar, ASO, Department of Investment and Public Asset Management, Delhi attended the hearing in person.

5.1. The respondent while defending their case inter alia submitted that they had already provided point-wise reply to the complainant vide letters dated 23.07.2019 and

07.08.2019.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that point-wise reply was given by the respondent vide letter dated 23.07.2019 and 07.08.2019. It was not the case that the respondent had not given any reply to the complainant. The respondent while exercising their wisdom denied information on point no. (ii) of the RTI application and that being so no mala fide could be attributed to the decision taken by the CPIO/FAA. Moreover, the complainant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the respondent and further agitate the matter. Hence, the submissions of the respondent were taken on record. In view of the above and the reply having been given to the complainant, there appears to be no merit in the complaint. Accordingly, the complaint is rejected.

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

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