GOA
STATE INFORMATION COMMISSION
Ground
Floor, Shrama Shakti Bhavan, Patto Plaza, Panaji- Goa.
CORAM:
Smt. Leena Mehendale, State Chief Information Commissioner
Appeal
60/SCIC/2013
Decided
on 13.01.2014
Shri
Govind D.N. Desai,
Cotta,
Fatorpa,
Via
Cuncolim, Goa. ----- Appellant
V/s
1)
Shri S.P. Bhat,
Managing
Director, M/s. EDC Ltd; ---- Respondent No. 1
EDC
House, Panaji- Goa.
2)
Shri P.D. Gaude,
Public
Information Officer
M/s.
EDC Ltd, ----- Respondent No. 2
EDC
House, Panaji – Goa.
3)
Shri K.V. Ballikar,
Asst.
Public Information Officer ----- Respondent No.3
M/s.
EDC Ltd; Panaji – Goa.
4)
Shri Joao D’Souza,
Dy.
Manager (Finance), ----- Respondent No.4
M/s.
EDC Ltd; Panaji- Goa.
O
R D E R
This
second Appeal is filed on 14/05/2013. It arises out of original RTI
Application dated 13/02/2013 made to the Managing Director of M/s EDC
Ltd. Panaji- Goa. Followed by the other application dated.
25/03/2013.
There
is a brief background to this case. The applicant was seeking a
subsidy under CLCSS (Credit Linked Capital Subsidy Scheme).of SIDBI,
which is to be sanctioned by Lucknow office of SIDBI.
The
EDC Ltd Goa is a company owned by the Government of Goa which acts as
a reference link between SIDBI, Lucknow and applicants from Goa
seeking subsidy. No applicant for Subsidy can approach the SIDBI
directly for assistance under CLCSS bypassing the EDC Ltd. Goa. Such
applications are not entertained by SIDBI. This casts a special
responsibility on EDCL.
2/-
-2-
The
claim of the appellant is that he had made one such application to
SIDBI for assistance under CLCSS sometimes in early 2012 which was
forwarded by EDCL to SIDBI Lucknow on 29/03/2012. A further
communication was once again made in June 2012 fulfilling some more
requirements of SIDBI for such applications.
Appellant
claims that after the month of June 2012 he did not receive any
favorable response from EDC Ltd and hence he filed the RTI
application dated. 13/02/2013 asking seven questions among which
questions 4 being critical. It reads
as
under.
“Exact
status of our application for subsidy under Credit Linked Capital
Subsidy Scheme as obtained from SIDBI, Lucknow under RTI Act/
otherwise”.
A
reply was given on 28/02/2013 informing that his application was
forwarded to SIDBI, Lucknow on 29/06/2012 and reminder on 26/02/2013
and copies were also forwarded to the SIDBI office at Panaji.
Not
being satisfied, the Complainant filed first appeal to the Managing
Director EDC Ltd Goa, who has passed an order in his first appeal No
1/2013 on 12/04/2013. The First Appellate Authority has held that the
PIO has neither refused information nor given any wrong information
and hence the first appeal was dismissed.
Appellant
has filed the second appeal. I have gone through the records given by
the Appellant as well as the PIO and heard the oral submissions. I
agree with the decision of first appellate authority and hold that
all possible information regarding SIDBI has been given as far as
Sec. 6 of RTI Act is concerned. However adequate info u/sec 4 is not
on the website of EDCL.
Before
passing the order it is necessary to comment upon compliance of sec 4
of RTI Act.
3/-
-3-
Since
the EDC Limited is the only available nodal point of reference
between the applicant from Goa for subsidy under CLCSS, information
should be available on their website as to the list of applications
sent by them to SIDBI Lucknow and their further status. This would
also prompt SIDBI to attend to such applications in a more responsive
manner. Presently such information is not available on the website of
EDC Ltd Goa. Managing Director of EDCL is directed to ensure that
list of all applications sent by them to other decision making
authorities should also be put on their website as a part of
information under section 4 and appropriate icon should appear on the
home page.
With
the above instruction to EDC Limited Goa the appeal is dismissed.
Order pronounced in open court. Inform the parties.
Sd/-
(
Leena Mehendale)
Goa State
Chief Information Commissioner
Panaji
– Goa.
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