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) M/o. Heavy Industries and Public Enterprises, New Delhi. The appellant seeking information is as under:-

“(a) if the Lok Sabha / Rajya Sabha has a list of such companies and if the list is updated at least annually on fresh induction of capital /

additional capital / 100% privatization / new incorporations etc (b) Whether furnishing of such annual reports, CAGs report, auditors report etc is monitored and compliances ensured (c) If on receipt of such annual reports the said annual reports are compared with the auditors and CAGs reports , comments on auditors reports , CAG reports , Directors Responsibility Statements , Corporate Governance norms etc (d) instances of action taken where fraud is associated, or misappropriation etc takes place or where false entries are passed eg overstating net worth which is resorted to avoid personal responsibilities under Sec 24 Sick Industrial Companies Special Provisions Act 1985, and / or unwarranted tax and / or dividends and / or interests and / or taxes on distribution of income etc incurred to avoid liabilities under the said Sec 24 etc etc (e) Instances of action taken if any where the auditors and / or the CAG has reported that accounts do not offer a true and fair view etc (f) ATR on adverse and qualified reports of auditors and CAG and comparing the same with Directors Responsibility Statements etc (g) ATR on fraud misstatements errors etc on “ state “ not required to place accounts etc before Legislature eg banks etc etc eg National Highway Authority of India Act (Late Sri Satyendranath Dubey https://en.wikipedia.org/wiki/Satyendra_Dubey).

(h) ATR on instances of mismanagement , conflict of interest , losses on account of misfeasance, malfeasance, non feasance, conflict of interest, fraud etc etc”.

2. The CPIO vide letter dated 14-11-2019 & 07-11-2019 has given reply to the appellant. Being dissatisfied with the same, the appellant has file first appeal dated 29-01-2020 and requested that the information should be provided to him. The FAA vide order dated 27-02-2019 directed the CPIO to re-examined and sent a reply 10 working days. 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 Umesh Srivastava, US (Vig.)/ CPIO, attended the hearing through audio -

call.

4. The appellant submitted their written submissions and the same has been taken on record.

5. The appellant reiterated the contents of his RTI Application and submitted that the desired information has not been provided to him by the respondents on his RTI applications as mentioned above. He further contended that the annual reports of CPSEs prepared by the M/o. Heavy Industries and Public Enterprises, are tabled in both the houses of the parliament by the Ministry itself and not by the different CPSEs. Hence the information sought is available with the M/o. Heavy Industries and Public Enterprises, and that they are wasting public funds in transferring his RTI applications to unrelated parties which clearly amounts to willful obstruction in the flow of information.

6. The respondents while reiterating the replies of the CPIO/ FAA submitted that the appellant is seeking information pertaining to various reports such as the annual report, Board Report, Corporate Governance Reports, CAGs reports, auditors reports, and other details etc., amounts to information pertaining to various ministries/ public authorities. As regards to second appeal no. CIC/DOHIN/A/2020/668787, they have forwarded the RTI application with regards to point no. a & b to the Rajya Sabha Sectt. While with regards to other points of the RTI application a point wi