Central Information Commission
Mr.Samiyal Singh vs Ministry Of Power on 18 December, 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/LS/A/2013/001179/SS
Dated: 18.12. 2013
Name of the Appellant : Shri Sameal Singh, Bokaro
Name of Respondents : Damodar Valley Corporation,
Kolkata
Date of Hearing : 29.11.2013
ORDER
Shri Sameal Singh hereinafter called the appellant has filed the present Complaint dated "NIL" which was received by the Commission on 8.05.2013 against the respondent namely Damodar Valley Corporation, Kolkata. The Complainant was not present in the hearing whereas from the Respondent side CPIO Shri Prabhat Kumar Sahay, APIO Shri Santosh and Appellate Authority Shri Ashish Kumar Banerjee were present.
2. The Appellant through RTI application dated 18.7.2012 sought information regarding Gate passes issued for the period July 2011 to March 2012 to workers of M/s Hindustan Commerce & Industry, by a sub contractor of Kilosakar Brothers Limited working In Damodar Valley Corporation, Koderma Thermal Power Project along with relevant papers for the same.
3. The CPIO has not replied to the RTI application of the Appellant. 2
4. However, failing to get any reply from the CPIO, the appellant has filed first appeal dated "NIL" in which an order has been passed by the FAA vide order No: AA Decision (Samiyal Singh)/2013/02 dated 27.02.2013 as follows: "In the premises of above, PIO, DVC, KTPS is directed to obtain requisite information from the concerned offices and provide the same to the appellant in 4 weeks time. The CPIO, DVC will communicate this decision by sending a copy of the same to the appellant by Registered Post and to the PIO, DVC, KTPS accordingly."
5. Upon not getting any reply from the CPIO even after FAA directions, the appellant has filed the present appeal before the Commission in which he seeks imposition of penalty on the CPIO.
6. During hearing before the Commission, the CPIO submit that the delay caused in furnishing information was not malafide and that it was caused due reason that the information was not readily available with the CPIO since the information lies with the custodian of information. CPIO also submits that on receipt of FAA order dated 27.02.2013, the then CPIO, KTPS, Shri P. Ramadass, sent a letter dated 8.3.2013 to Shri Umesh Dubey, Project Manager, M/s Kilosakar Brothers Ltd., requesting him to send the required information directly to the Appellant on "TOP Priority". Afterwards, the then PIO, KTPS, Shri P. Ramadass again sent a letter dated 23.5.2013 to Shri Umesh Dubey, Project Manager, M/s Kilosakar Brothers Ltd., regretting that after lapse of 3 months information has not been forwarded to the Appellant nor to CPIO, DVC, KTPS. CPIO also submits that the Dy. Chief Manager (M) also wrote a letter dated 25.5.2013 to Shri Umesh Dubey, Project Manager, M/s Kilosakar Brothers Ltd., to furnish the said information immediately. After getting information the then CPIO, KTPS finally sent the original documents (101 Pages) to the Appellant on 27.05.203 by Registered Post. CPIO therefore submits that the delay was caused because information was not sent by the custodian of information on time and after getting it the same has been furnished to 3 CIC/LS/A/2013/001179/SS the appellant.
Moreover, the CPIO submits, M/s. Kirloskar Brothers Ltd. is a Private Construction Agency and the issue was related to them. The CPIO, after repeated reminders to them, received the documents eventually and provided to the appellant.
6. Submissions heard and documents on file perused. The Commission observes that the Complainant through his RTI application dated 18.7.2012 sought information regarding Gate passes issued for the period July 2011 to March 2012 to workers of M/s Hindustan Commerce & Industry, by a sub contractor of Kilosakar Brothers Limited working In Damodar Valley Corporation, Koderma Thermal Power Project along with relevant papers for the same.
7. Commission observes that the delay caused by the CPIO was not intentional and it was caused due to reason that information was not sent by custodian of information, which is a private construction agency, in time to CPIO. No mala fide has been established on the part of the CPIO. No case for initiating penalty proceedings against the CPIO is made out. The instant appeal is accordingly disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 4 Address of the parties:
Shri Sameal Singh, Qtr. No.LQ17 (X), Bokaro Thermal, District Bokaro, Jharkhand 829107 The Deputy Secretary & CPIO, Damodar Valley Corporation, DVC Towers, VIP Road, Kolkata - 700054 The Director (HRD)/FAA DVC Towers, (5th Floor), VIP Road, Kolkata - 700054 5 CIC/LS/A/2013/001179/SS