Central Information CommissionMr.A G Shah vs Nuclear Power Corporation Of India on 14 September, 2011CENTRAL INFORMATION COMMISSION
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                                                       Decision No. CIC/SM/A/2010/001665/SG/14595
                                                               Appeal No. CIC/SM/A/2010/001665/SG
Relevant Facts emerging from the Appeal

Appellant                           :       Mr. A.G.Shah
                                            D- 10/6,KAPS township
                                            PO: Anumala, Dist- Tapi
                                            Pin- 394651, Gujarat

Respondent                          :       Mr. S. K. SrivastavaCPIO & Dy. Chief Engineer
                                            Nuclear Power Corporation of India Limited-HQ
                                            12th Floor, V.S.Bhavan, Anushaktinagar
                                            Central Avenue, NPCIL,
                                            Mumbai-400094

RTI application filed on            :       07/09/2010
PIO replied                         :       21/09/2010
First appeal filed on               :       24/09/2010
First Appellate Authority order     :       08/10/2010
Second Appeal received on           :       21/01/2011

Information Sought:The Applicant had sought information on 75 queries mainly relating to departmental proceedings
conducted against Mr. B.D.Vyas, another employee of the organization. Queries were also formed seeking
information on labour welfare offices, IBA (Integrated Business Appliance) a software used by the
NPCIL, service matter and movable & immoveable property of Sri R.K.Bhiksham of KAPS NPCIL, etc.

Reply of the Public Information Officer (PIO):Undersection 7(9)of the RTI Act, 2005, the information sought for was rejected for being voluminous
and as such would disproportionately divert the resources of NPCIL.Grounds for the First Appeal:Not satisfied with the exemption claimed undersection 7(9)of the RTI Act, 2005.Order of the First Appellate Authority (FAA):FAA agreed with the decision of the PIO.Grounds for the Second Appeal:Appellant aggrieved with the FAA's order validating the stand taken by PIO.Relevant Facts emerging during Hearing:The following were present:Appellant: Mr. A. G. Shah;Respondent: Mr. S. K. Srivastava, CPIO & Dy. Chief Engineer on video conference from NIC-Mumbai;The Appellant had sought information through 75 queries spread over many pages. Appellants
must also exercise some reasonable restrain when seeking information under theRTI Act. The PIO has
stated that providing information on so many queries would disproportionately divert the resources of the
Public Authority. The Commission would like to point out thatSection 7(9)of the RTI Act is not an
 exemption clause but only states that if providing information would disproportionately divert the
resources of the Public Authority the information would be provided in an alternate format. The
Commission warns the PIO that in future when replying to such RTI applications he should offer an
inspection of the relevant records to the Appellant. The Commission asked the Appellant whether he
would be willing to inspect the relevant records. The Appellant is not willing to do an inspection of the
records but is willing to curtail his RTI request to the first 23 queries.Decision:The Appeal is allowed.The PIO is directed to provide the information on the first 23 queries as available on
the records. In case information is not available on any records for any of the queries this
should be stated. The PIO will provide the complete information on the first 23 queries
free of cost to the Appellant before 10 October 2011.This decision is announced in open chamber.Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as perSection 7(6)of RTI Act.Shailesh Gandhi
                                                                                              Information Commissioner
                                                                                                     14 September 2011
(In any correspondence on this decision, mention the complete decision number.) (pr)