Appeal 60/SCIC/2013 Decided on 13.01.2014

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.