Central Information Commission
Sandeep Kumar vs Nhpc Ltd. on 30 April, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NHPCL/A/2017/607241
Sandeep Kumar ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, NHPC Limited, NHPC ...प्रनतवािीगण /Respondents
Complex, Faridabad.
Relevant dates emerging from the appeal:
RTI : 28.08.2017 FA : 29.09.2017 SA : 10.11.2017
CPIO : 28.09.2017,
FAO : 01.11.2017 Hearing : 30.04.2019
24.10.2017
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), NHPC Limited, NHPC Complex, Faridabad seeking information on two points pertaining to Dharchula Project, including, inter-alia, (i) names of the firms to which civil and mechanical contracts in respect of Dharchula Project and copies of the experience certificates provided by them during 01.03.2014 and 01.08.2017, and (ii) the list of Page 1 of 4 names, designations and mobile numbers of the members of Tender Opening Committee.
2. The appellant filed a second appeal before the Commission on the grounds that complete information has not been provided to him. He contended that the CPIO has not provided the list of the members of the Tender Opening Committee as sought vide point no. 2 of his RTI application. Further, the CPIO has denied provision of experience certificates of the firms under Section 8(1)(d) and (e) of the RTI Act. The appellant requested the Commission to direct the respondent to provide complete information to him.
Hearing:
3. The appellant was not present despite notice. The respondent Shri Deepak Saigal, General Manager and CPIO, NHPC Limited, NHPC Complex, Faridabad was present in person.
4. The respondent submitted that experience certificates of the firms submitted to the Tender Committee sought by the appellant vide point no. 1 of the RTI application cannot be provided as it pertains to personal information of third parties, which is held by the respondent authority in a fiduciary capacity, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties. Hence, its disclosure is exempted under Section 8(1)(e) and (j) of the RTI Act. The respondent further submitted in respect of point no. 2 of the RTI application, that the appellant has been provided the constitution of the Tender Evaluation Committee. However, the appellant has sought the names and designations of the members of the Committee Page 2 of 4 constituted during the period 01.03.2014 and 01.08.2017. The number of such committees is 395, therefore, the information sought for cannot be provided as it is voluminous in nature and scattered in various files, collating and compiling of which would disproportionately divert the resources of the respondent organization. Hence, its disclosure is exempted under Section 7(9) of the RTI Act. Nonetheless, the appellant vide letter dated 24.10.2017 was requested to inspect the relevant records and obtain the desired information.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that an appropriate response has been furnished to the appellant by the respondent. Hence, no further intervention of the Commission is required in the matter.
6. With the above observations, the appeal is disposed of.
7. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 30.04.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Page 3 of 4 Addresses of the parties:
1. The First Appellate Authority (FAA) NHPC Limited, NHPC Office Complex, Sector-33, Faridabad, Haryana- 121003.
2. The Central Public Information Officer (CPIO), NHPC Limited, NHPC Office Complex, Sector-33, Faridabad, Haryana- 121003.
3. Shri Sandeep Kumar Page 4 of 4