JUDGMENT

Prathiba M. Singh, J.

1. These are two writ petitions filed by –

• Union of India, i.e., the Petitioner in W.P.(C) 8381/2016, and;

• M/s Indian Synthetics Rubber Private Ltd. (ISRPL), and Reliance Industries Pvt. Ltd. Petitioners in W.P.(C) 2603/2017.

2. In the present petitions, challenge is raised to the order of the Central Information Commission (hereinafter ‘CIC’) dated 29th July, 2016 passed in File No. CIOC/KY/A/2016/000980 titled Shri Arvind M. Kapoor v. The Director & CPIO, Ministry of Commerce & Industry. The CIC, by way of the impugned order, directed the Directorate General of Anti-Dumping and Allied Duties to provide the information sought by the RTI Applicant- Mr.

Arvind M. Kapoor.

Factual Background

3. The Petitioners in W.P.(C) 2603/2017 jointly filed an application (for clarity it is referred to as `Complaint’) before the Designated Authority, Directorate General of Anti-Dumping and Allied Duties (hereinafter ‘DA’). The said complaint was filed for initiating investigation qua imports of Styrine Butadine Rubber (hereinafter ‘SBR’) of 1500 and 1700 series originating in or exporting from European Union, Korea RP and Thailand. Pursuant to the said complaint, the DA vide notification No.14/10/2015-

DGAD dated 14th January, 2016 initiated an anti-dumping investigation.

4. Almost immediately after the investigation was initiated, the RTI Applicant - Mr. Arvind M. Kapoor filed an application dated 29th January, 2016 under the Right to Information Act, 2005 (hereinafter ‘RTI Act’) seeking information qua seven issues in relation to initiation of anti- dumping investigation concerning imports of SBR from European Union, Korea RP and Thailand. The seven issues in respect of which information was sought by the RTI Applicant is as under:

“(1) Kindly provide with the date when the application was jointly filed by M/s. Indian Synthetic Rubber Pvt. Ltd. and Reliance Industries Limited (hereinafter referred as 'applicants') before the Designated Authority in respect of the matter under reference;

(2) Kindly provide us with a copy of the non-

confidential version of the application filed by the applicants in this matter;

(3) When was the decision to initiate the Anti-

dumping Investigation for levy of Anti dumping duties on the product taken by the Director General of Anti Dumping (DGAD); and also provide us a with a photo copy of the Note Sheet put up for approval by DGAD;

(4) When were the relevant foreign governments viz.

European Union, Korea RP, and Thailand intimated of the Anti-dumping investigation initiated; and kindly provide us a with a copy of the intimation;

(5) When the known exporters were intimated about the Anti-dumping investigation, and If yes, kindly provide us with a copy of the intimation.

(6) Whether said Notification was sent to Govt.

Press for printing and publication?

(7) When was it printed and published?”

5. The CPIO, vide reply dated 11th February, 2016 informed the RTI Applicant that the notification concerning the initiation of anti-dumping investigation is available on the website of Department of Commerce. The reply of the CPIO is as under:

“With reference to your RTI application dated 29.1.2016, this is to inform that the notification concerning initiation of the relevant anti-dumping investigation is available in the Department of Commerce website at http://commerce.nic.in/traderemedies/adcasesinindia.

.asp?id=2.

2. In case you are not satisfied with this reply, you may prefer an appeal before appellate Authority at the following address:

Shri AK Gautam, Pr. Adviser (Cost)

Directorate General of Anti-dumping & Allied Duties 4th Floor, Jeevan Tara, Building, Parliament Street, New Delhi-110001.”

6. Thereafter, the CPIO, vide another reply dated 31st March, 2016 provided the following information to the RTI Applicant:

“With reference to your RTI application dated 29.01.2016, the reply to the respective questions are as follows:

“1. The application (Revised) was filed by M/s Indian Synethic Rubber Pvt Ltd. and Rel