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Rejection u/s 8(1)(d)




There are various small suppliers to a PSU who had sums outstanding. We have filed RTI asking for outstanding and due dates of payment of all such suppliers from a 3rd person name. However they rejected on grounds of section 8(1)(d). Please help as the suppliers cannot divulge their name as further orders would be cancelled and they are in a tight liquidity spot

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Prasad GLN

Please provide verbatim query and verbatim reply given by PSU stating whether PSU is State or Central.

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RTI filed with CPIO NSIC ltd

  1. Please provide me information containing list of all small scale units of coal , Gul and briquette in West Bengal who have transacted with your organization during the period 1st January 2015- to March 2018
  2. Please provide me information regarding outstanding balances of all above small scale units as on 31st March 2020
  3. Please provide me information about the total number of refund requests, total amount of refunds outstanding and along with the period in respect of such small scale units
  4. Please provide me information as per the prevailing rules of the organization, about the time period within which such refunds should be processed.
  5. Please provide me the information about the name and designation of the officials who are responsible for refunds of small scale units
  6. Please provide me information about the action to be taken against such officials for delaying refunds beyond the period stated in 5.
  7. Please provide me the number of refund applications received from above small scale units at your Kolkata Office for the Financial year 2019-2020

THe reply

With reference  to your subject letter submitted to this office soliciting certain information on issues relating to distribution of coal to SME units by NSIC under the provisions of RTI Act 2005, this is to inform that the desired information as at Sr 1 to 7 , of your letter cannot be furnished  as they fall under the ambit of section 8 (d) under the said act.

In case you want to go for an appeal, you can do so within 30 days of this reply

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Prasad GLN

Grounds for Appeal:  SPIO has denied information for all the 7 points quoting Sec. 8 (1) (d) without application of mind.  Public authority is responsible for prompt payment of bills to small suppliers/contractors who might have borrowed money from financial institutions and private lenders with exorbitant interest, and in case of abnormal delay , the small traders have to suffer.  Delay is practically killing small traders in the pandemic.   Hence this information is solicited in 'Larger public interest" as the main objects of RTI are accountability for the delay, transparency in settling such dues to small traders.

PIO has to substantiate and justify the reason for such denial and simple denial quoting such exemption sub section without justification is not proper.   PIO has not applied his mind and not his rights for severance of that specific information which really attracts 8 1 (d) .

At any stretch of imagination, except query No.1, there is no scope for denial of information as NSIC is a public authority and  should stand an example of fair treatment of small traders dealing with them.  This information gives an idea of such bottle neck and makes the delinquent officials accountable for such delayed tactics, which has also to be treated as corruption.

PRAYER: Appellant prays for directing CPIO to provide the information as expeditiously as possible free of cost, as CPIO has not denied information stating that they do not have such record.  CPIO may be advised to offer explanation and justification for his denial under Sec. 8 (1) (d)

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