Central Information Commission
Pawan Tiwari vs National Highways Authority Of India ... on 3 February, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के यसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/NHAIN/C/2020/126408
Pawan Tiwari ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
National Highways Authority of
India, PIU-Baghpat, RTI Cell,
Friends Colony, Near PWD Guest
House, Barat Road, Baghpat,
Uttar Pradesh-250609 ... ितवादीगण /Respondent
Date of Hearing : 29/12/2022
Date of Decision : 29/12/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from complaint:
RTI application filed on : 22/02/2020
CPIO replied on : 27/02/2020
First appeal filed on : Not on record
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 02/09/2020
Information sought:
The Complainant filed an RTI application dated 22.02.2020 with the CPIO, O/o. District Magistrate, Baghpat seeking the following information:1
The CPIO, O/o. District Magistrate, Baghpat replied to the complainant RTI application on 27.02.2020 intimating the factum of transferring his RTI Application to the PWD Authorities, Baghpat and also to the CPIO/PD, NHAI- Baghpat.
Being dissatisfied, the complainant approached the Commission with the instant Complaint on the ground of non-receipt of desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Not present.
Respondent: Sanjay Kumar Mishra, Project Director/PIU & CPIO present through video-conference.
The CPIO invited attention of the bench towards his written submission dated 14.12.2022, relevant extracts of which are reproduced below in verbatim -
"... office had already replied through this office letter no. D-4539 dated 29.09.2020 to the RTI Application for which hearing is being scheduled (copy of the reply has been enclosed with this letter). Sh. Pawan Tiwari had queries related to what action had been taken upon a letter of Hon'ble Principle Secretary written on 19th Feb 2020 to PWD & NHAI.2
3. Also, in this pretext, it is also important mention that Sh. Pawan Tiwari had initially wrote application to District Magistrate, Baghpat on which District Magistrate, Baghpat forwarded the same to PWD Baghpat & PWD Baghpat forwarded that RTI application to NHAI vide letter no. 471/9C dated 19.03.2020 which was received in this office on 20.05.2020 as the Covid-19 lockdown was implemented during that duration for which initially reply cannot be conveyed due to lockdown.
4. Further, PWD Baghpat again sent a reminder to this office through letter no.
1078/9C dated 28.07.2020 which was received in this office on 04.08.2020 upon which reply was conveyed through the letter mentioned above..."
In conclusion, the CPIO explained that the core issue raised by the Complainant in his complaint dated 19.02.2020 (subject matter of RTI Application) relates to the issue of construction of zebra crossing and speed breakers for the pedestrians at NH 709 B on which the construction has already been completed as on date as per the IRC guidelines.
Decision The Commission upon a perusal of records finds no infirmity in the reply and as a sequel to it further clarifications tendered by the CPIO during hearing as it adequately suffices the information sought by the Complainant as per the provisions of RTI Act. Moreover, the Complainant did not avail of the opportunity to plead his case or contest CPIO's submission despite receipt of the hearing notice.
In view of the above, no further action is warranted in the matter.
The Complaint is disposed of accordingly.
Saroj Punhani(सरोज पुनहािन) Information Commissioner (सू सूचना आयु ) Authenticated true copy (अिभ मािणतस यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date 3