Central Information Commission
Dharmesh Vikramsinh Jadeja vs Auroville Foundation on 21 September, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/AFOUN/A/2022/654799
Dharmesh Vikramsinh Jadeja .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Section Officer-(RTI Section), Auroville Foundation
(Ministry of Education), Auroville Foundation Bhavan,
Administrative Area, Town Hall, Auroville,
Viluppuram-605101 (Tamil Nadu).
प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 03.08.2022
CPIO replied on : 13.09.2023
First appeal filed on : 08.09.2022
First Appellate Authority order : Not on record
Second Appeal received at CIC : 13.10.2022
Date of Hearing : 21.09.2023
Date of Decision : 21.09.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Information sought:
The Appellant sought following information:
1. The AVF document titled "Construction of Buildings and Infrastructure in Auroville - Process for the awarding of construction works" is dated 22 July 2011 (hereafter referred to as the Process for Approval Document). It was approved by Dr BV Doshi and states that it was "approved by the Town Development Council in its meeting of 22-07-2011 held at Auroville." Please provide:Page 1 of 4
a. The minutes of the TDC of 22 July 2011 b. Any subsequent minutes of meetings in which TDC or other Working Groups of the AVF have purported to rescind the Process for Approval Document. c. Any public announcements, whether by Auronet or otherwise, by which the TDC or other Working Groups have informed the Auroville community that the Process for Approval Document has been rescinded. d. Information regarding the extent to which the Process for Approval Document was considered in the awarding of contracts to CPWD for work to be undertaken on the Crown Road.
e. Details of the extent to which the TDC and the AVF feels fettered in its protocols of awarding construction contracts by the "Process Objectives"
identified in Process for Approval Document, the first of which is "Transparency and disclosure."
2. On 11 August 2020, TDC posted a message on Auronet titled "Important information for contractors undertaking Construction and Infrastructure work in Auroville." Application forms for empanelment of contractors were attached. Please provide:
a. Copies of all applications solicited, and in particular the application of CPWD.
b. Details of who was empanelled c. Information regarding the extent to which TDC and the AVF generally feels fettered in its processes of awarding contracts by the 11 August document's aim to "ensure free, fair and transparent processes in the construction & development field in Auroville."
d. Information regarding the extent to which the 11 August 2020 TDC communication was considered when awarding contracts to CPWD for work to be undertaken on the Crown Road.
Etc. • Dissatisfied with no response received from PIO, Appellant filed First Appeal, vide letter dated 08.09.2022.
• PIO furnished reply, vide letter dated 13.09.2023, as under:
Reply :- Auroville Foundation strictly adheres the norms and procedures of GoI and the suggestions given by the Board. The confidential documents such as MoM cannot be shared with the third party. The CPWD follows the GoI norms for tendering process.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -Page 2 of 4
Appellant: Present along with Advocate Suchit Narayan Respondent: Mr. Anshuman Basu, Assistant Account Officer The Appellants stated that the relevant information has not been furnished to him. He further submitted that reply of instant RTI Application has not been furnished within stipulated time frame. He further submitted that under the Auroville Foundation Act, the Respondent Public Authority is bound to maintain & store requisite information and hence they are supposed to have such documents as sought by him in his RTI Application. He stated that the Auroville Foundation is embroiled in mis-management and corruption, and other activities against the Laws of the Union of India. He submitted that the First Appeal has not been adjudicated by the FAA till date which is in contravention of provision of RTI Act.
The Respondent stated that the information sought by the Appellant is confidential in nature. Upon queried regarding the delay in furnishing the reply to the instant RTI Application, the PIO stated that the Under Secretary was the Nodal officer and he was under Suspension from 14th April 2023 and retired on 31st July 2023 due to which RTI Applications were not transferred by the Nodal officer within stipulated time frame. Further, they have received the new login credential for the RTI portal and they are in the process of furnishing reply to all the RTI Applications.
Decision:
Commission, after perusal of case records and submissions made during hearing, expresses severe displeasure over the conduct of the then PIO in not having provided appropriate reply to the RTI Application within the time frame stipulated under the RTI Act. Commission cautions the PIO to remain extremely careful in future and acquaint himself well with the RTI Act, 2005 so that such lapses do not recur. Commission further notes that the First Appeal has not been adjudicated till date. The Respondent- Public Authority is advised to convene periodic conferences/seminars to sensitize, familiarize and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities.
Now, Commission has gone through the case records and on the basis of proceedings during hearing, observes that it will be just and reasonable that a fair hearing be conducted by the First Appellate Authority, Auroville Foundation (Ministry of Education) in the instant matter. Therefore, the present case is remanded back to the FAA/ Auroville Foundation for proper adjudication of the Page 3 of 4 same upon providing opportunity of fair hearing to both the parties. The appeal shall be decided by a reasoned, speaking order on merits.
The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. No further action lies.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4