Central Information Commission
H S Chopra vs National Highways Authority Of India ... on 15 November, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग
, मुिनरका
Baba Gangnath Marg, Munirka
नई द
ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/NHAIN/A/2017/124724
H S Chopra
....अपीलकता
/Appellant
VERSUS
बनाम
The CPIO, O/o the Project Director,
National Highways Authority of India,
Near Jain Multispecialty Dental Clinic,
Plot No. 1388, Ahinsa Chowk, Vijay Nagar,
Jabalpur - 482002. ... ितवादीगण /Respondent
Dates
RTI application : 19.07.2016
CPIO reply : Not on record
First Appeal : 05.10.2016
FAA Order : 19.10.2016
Second Appeal : 02.02.2017
Date of hearing : 24.08.2018, 02.11.2018
Facts:
The appellant vide RTI application dated 19.07.2016 sought information on four points as under;
1. Copies of all concerned documents and letters along with copies of all correspondences, internal & external, file notings, internal memos, action taken reports etc on letter dated 17.02.2015.
2. Other related information.
The CPIO's reply is not on record. The appellant was not satisfied with the CPIO's reply and filed first appeal on 05.10.2016. The First Appellate Authority (FAA) vide order dated 19.10.2016 disposed of the first appeal. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant Page 1 of 3 filed second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 02.02.2017.
Grounds for Second Appeal The CPIO did not provide the desired information.
Interim Order
Appellant : Absent
Respondent : Absent
Both the parties were absent.
On perusal of the relevant case record, it was noted by the Commission that the notice was not delivered to the respondent. The registry is directed to refix the case with proper notice to the parties.
Copies of the order be sent to the concerned parties free of cost.
Final Order
Appellant : Absent
Respondent : Shri Sharat Singh,
Project Director cum PIO,
NHAI
During the hearing, the respondent PIO submitted that the requisite reply was provided to the son of the appellant.
The appellant was not present to plead for this case. On perusal of the relevant case record, it was noted by the Commission that till date no reply had been provided to the appellant. However, the respondent submitted that they had provided a reply to the son of the appellant. The Commission does not consider this as a valid reply and hence a warning needs to be issued to the PIO, Shri Sharat Singh.
The respondent CPIO, is issued warning that full, final and comprehensive reply to the said RTI application should have been provided within the time period as stipulated under the RTI Act and he should ensure that in future in every Page 2 of 3 case reply to an RTI application is invariably provided within 30 days of receipt of the said application.
The respondent CPIO should note that in future if the same mistake is noticed by the Commission, more stringent action can be taken against him by the Commission.
Be that as it may, since no desired information was provided to the appellant in the present case, the present respondent PIO, Shri Sharat Singh, Project Director, NHAI is directed to provide reply complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. note sheets, letters, correspondences, e-mails etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 10 days of the receipt of the order. For this purpose, the concerned CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.
The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
With the above observation/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
अिमताभ भ टाचाय)
Amitava Bhattacharyya (अिमताभ टाचाय
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अिभ मा णत स या पत ित)
Ajay Kumar Talapatra (अजय कुमार तलाप )
Dy. Registrar (उप-पंजीयक)
011- 26182594 / [email protected] दनांक / Date Page 3 of 3