Central Information Commission
Mr.Ajay Sood vs National Highways Authority Of India ... on 26 August, 2013
Central Information Commission
Room No.305, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in Tel No:26167931
Case No: CIC/SS/A/2012/003577
26 August, 2013
Name of the Appellant : Shri Ajay Sood
(Represented By: Rajiv Kataria)
Advocate
Name of Respondents : National Highway Authority of
India, Delhi
Date of Hearing : 25.08.2013
ORDER
Shri Ajay Sood hereinafter called the Appellant has filed the present appeal dated 6.5.2012 before the commission against the respondent National Highway Authority of India, Delhi. AdvocateShri Rajiv Kataria was present on the behalf of the Appellant and the Respondent was present in the hearing.
2. The Appellant through the RTI application dated 6.05.2012 sought information as follows: (1) the salary certificate of Shri Rajesh Gupta, General Manager (Finance) April 2012 (2) The amount he is going to get from the department as he is getting promotion and seniority from the backdate with the CAT New Delhi Order dated 1 March 2012.
3. The CPIO transferred the RTI application to the PIO, NHAI vide letter no:11041/131/2006Adm./RTI3969 dated 11.5.2012.
3. Being aggrieved with no reply from the CPIO, the appellant filed a first appeal cum letter before Mr. Vishnu Darbari, GM (coordination) and CPIO dated 15.6.2012 wherein appellant mentioned that "the information required by me has not yet been received. And My letter has been transferred to the PIO, NHAI by you but the PIO, NHAI has not given me the required information."
4. That in response to the first appeal cum letter, Mr. Vishnu Darbari, GM (coordination) and CPIONHAI issued one office memorandum vide O.M no:
11041/131/2006A/RTIRep/3969 dated 25.6.2012 which he address to Shri G.Suresh CGM (finance) and Appellate Authority, NHAI by which he requested Mr. G. Suresh, CGM (F&A) and Appellate Authority in the present matter to take appropriate action and dispose of the appeal. The FAA passed a FAO vide order no: NHAI/11033/CGM(FA)/RTI/2/2011/457 wherein FAA states as follows: (1) "Information as sought by is seem to be personal to Shri Rajesh Gupta, GM (F&A) in nature and also information available to NHAI in our fiduciary relationship with him. Hence an opportunity was afforded to Shri Rajesh Gupta, Gm (F&A) to represent in this matter. He has not agreed to have this information made available to you. (2) Hence, after careful consideration of your request, I have decided that his information sought by you is personal to Shri Rajesh Gupta and also has no relationship to any public activity or interest and hence I have decided to deny the same also/s 8()(j) of the RTI Act, 2005."
5. Being aggrieved with the reply of the FAA, the appellant filed a second appeal dated 15.10.2012 before the commission that no information has been provided to him by the CPIO and the FAA till the filing of this second appeal and prayed to direct the CPIO to provide information under RTI application.
5. During hearing before the Commission, Mr. Rajeev Kataria - Advocate who appeared on the behalf of the appellant cite a decision of this commission in the case of Shri Vishnu Bhagwan Sharma vs. Department of Posts having Decision No. 2401/IC(A)/2008 dated 22.5.2008 in File no:CIC/MA/A/2008/00332 in respect of the same query asked in the RTI application wherein the Commission "directed the CPIO to provide the salary details of the employee as asked in the RTI application to the appellant." and also submitted that as per section 4(1) (b) (x) of the RTI Act, 2005, Every public authority shall publish within one hundred and twenty days from the enactment of this Act. "the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations" and the same is to be provided on the website of the public authority.
6. Commission observes that the CPIO has not provided the information asked in the RTI application of the appellant. In this connection, Commission directs the CPIO to provide the information to the appellant regarding the gross salary paid to Shri Rajesh Gupta, General Manager (Finance) in the month of April 2012 without giving additional information on deductions made by the RespondentNHAI.
8. Appeal is disposed of accordingly.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C Singh) Deputy Secretary To:
1. Shri Ajay Sood, House no.335, 5 New Town, Moga, Punjab.
2. The CPIO, National highway authority Of India, G5 and G6, Secftor10, Dwarka, New delhi110075
3. Chief General Manager (FA) & Appellate authority, National highway authority Of India, G5 and G6, Secftor10, Dwarka, New delhi110075