Central Information Commission
Gaurav Govind vs Ircon International Limited on 18 February, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/IRCON/C/2017/110557
Gaurav Govind ...िशकायतकता /Complainant
VERSUS
बनाम
CPIO, M/o Railway, ... ितवादीगण /Respondent
IRCON International Limited,
Patna, Bihar-800001
Relevant dates emerging from the complaint preferred Under Section 18(3) of the
RTI Act, 2005:
RTI : 16.01.2017 FA : Not on record Complaint: 04.03.2017
CPIO : 20.01.2017 FAO : Not on record Hearing: 14.02.2019
ORDER
1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o Railway, IRCON International Limited, Patna, Bihar seeking information on four points, including, inter-alia: (i) Copy of report of Executive Engineer regarding Mithapur Road over bridge project along with copy of reply of CE, CDD (Design);
(ii) Copy of spot inspection report; and (iii) Copy of communication with IRCON regarding construction of footpath., etc. Page 1 of 3
2. Due to non-receipt of reply from the CPIO, the complainant filed a complaint before the Commission on the ground that the CPIO has refused to receive his RTI application. The complainant requested the Commission to take necessary legal action against the CPIO.
Hearing:
3. The complainant was represented through his counsel Shri Dhirendra Kumar who was present in person. The respondent, Shri Sandeep Sinha, General Manager participated in the hearing through video conferencing.
4. During the hearing, the complainant produced before the Commission an envelope in which it was endorsed hand-written as 'refuse to receive'. The complainant alleged that the respondent has malafidely denied receiving his RTI application. Therefore, the post-man marked this endorsement. The complainant stated that it is to be treated as deemed service of receiving of his RTI application. The complainant referred various decisions viz. Sri Kand Jain Vs. B.K. Plastic Industry; Thakurmal Vs. Chakradhar Raobhalle; and Gujarat Electricity Board Vs. Atma Ram Sungmol Poblani in support of his arguments.
5. The respondent contested the statement made by the complainant above and stated that no RTI application dated 10.08.2016 was received in their office at Bihar. The respondent further stated that the complainant has earlier filed approx. 10 RTI applications which were received by hand and they have replied to each one of the RTI application. He stated that not on any occasion they have returned any RTI application of the complainant. The respondent further stated that the complainant has already received information from their Kolkata office.
Decision:
6. The Commission, after hearing the submissions of both the parties and after perusing the records, directs the respondent to file an affidavit with the Page 2 of 3 Commission deposing that no RTI application dated 10.08.2016 has been received in their office or neither denied to receive the RTI application. Hence, no information can be provided to the complainant. A copy of the affidavit shall also be provided to the complainant, within a period of 15 days from the date of receipt of this order.
7. With the above observations, the complaint is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta (नीरज कु मार गु ा ) Information Commissioner (सू सूचना आयु ) दनांक / Date 14.02.2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा) Dy. Registrar (उप-पंजीयक) (011-26105682) Addresses of the parties:
1. The CPIO M/o Railway, IRCON International Limited, Sone Bhawan, Daroga Pd. Rai Path, Patna, Bihar-800001
2. Shri Gaurav Govind, Page 3 of 3