Central Information Commission
Rajesh Kumar (Advocate) vs Irrigation And Flood Control ... on 1 April, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
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/IAFCD/A/2019/105156+
CIC/IAFCD/A/2019/105158 +
CIC/IAFCD/A/2019/105159 +
CIC/IAFCD/A/2019/105161 +
CIC/IAFCD/A/2019/105164 +
CIC/IAFCD/A/2019/105168 +
CIC/IAFCD/A/2019/109899 +
CIC/IAFCD/A/2019/110422
Rajesh Kumar (Advocate) .....अपीलकता/Appellant
VERSUS/बनाम
1. PIO,
Executive Engineer-(CD-7),
Irrigation and Flood Control Department
(Government of NCTof Delhi), CivilDivision-VII,
Rohini OfficeComplex, Sector-15, Rohini,Delhi-110085.
2. Nodal Public Information Officer-RTI,
Section Officer-(RTI Section),Irrigation & Flood
ControlDepartment (Government of NCTof Delhi),
L.M. Bund, OfficeComplex, Shastri Nagar,Delhi-110031.
3. PIO,
Executive Engineer-(CD-VIII),
Irrigation and Flood ControlDepartment
(Government of NCTof Delhi), Civil
Division-VIII, Sector-15,Rohini, Delhi-110089.
... ितवादीगण/Respondent
Page 1 of 19
Relevant facts emerging from appeal:
Date of Hearing:01.04.2021
Date of Decision:01.04.2021
CIC/IAFCD/A/2019/ 105156 105158
RTI application filed on : 30-07-2018 30-07-2018
CPIO replied on : Not on record Not on record
First appeal filed on : 03-10-2018 03-10-2018
First Appellate Authority order : 20-11-2018 20-11-2018
Second Appeal received at CIC : 05-02-2019 05-02-2019
CIC/IAFCD/A/2019/ 105159 105161
RTI application filed on : 30-07-2018 30-07-2018
CPIO replied on : Not on record 29-08-2018
First appeal filed on : 03-10-2018 03-10-2018
First Appellate Authority order : 20-11-2018 20-11-2018
Second Appeal received at CIC : 05-02-2019 05-02-2019
CIC/IAFCD/A/2019/ 105164 105168
RTI application filed on : 30-07-2018 30-07-2018
CPIO replied on : 07-09-2018 07-09-2018
First appeal filed on : 19-09-2018 19-09-2018
First Appellate Authority order : 20-11-2018 20-11-2018
Second Appeal received at CIC : 05-02-2019 05-02-2019
CIC/IAFCD/A/2019/ 109899 110422
RTI application filed on : 30-07-2018 30-07-2018
CPIO replied on : Not on record 29-08-2018
First appeal filed on : 03-10-2018 27-10-2018
First Appellate Authority order : 20-11-2018 Not on record
Second Appeal received at CIC : 06-03-2019 08-03-2019
lwpuk vk;qDr: Jh हीरालाल साम रया
Information Commissioner : Shri Heeralal Samariya
Note: The above referred appeals are clubbed together as they are
preferred by the same appellant against the same Respondent(s). Since the
parties involved in the present appeals are common, the Commission
proposes to adjudicate upon them together through the present order.
Page 2 of 19
CIC/IAFCD/A/2019/105156
Information sought:
The Appellant soughtfollowing 12 points information:
1. Provide the certified copies of abstract of cost of the payment made to contractor.
2. Provide the certified copy of all the invoices of the material procured for execution of this work.
3. Provide the certified copy of work completion certificate if applicable.
4. Provide the current bank account number of contractors in which payment made.
5. Provide the detail of payment made to contractor.
Etc. Having not received any response from the PIO, the Appellant filed a First Appeal dated 03.10.2018. The FAA vide order dated 20.11.2018 directed the PIO, EE, CD-VII to provide the information to the appellant at the earliest after obtaining the requisite fee for documents as applicable under the RTI Act.
Written submissions have been received from PIO, Executive Engineer (CD-7), Irrigation and Flood Control Department, vide letter dated 18.03.2021, as under:
Page 3 of 19CIC/IAFCD/A/2019/105158 Information sought:
The Appellant sought following 12 points information:
1. Provide the certified copies of abstract of cost of the payment made to contractor.
2. Provide the certified copy of all the invoices of the material procured for execution of this work.
3. Provide the certified copy of work completion certificate if applicable.
4. Provide the current bank account number of contractors in which payment made.
5. Provide the detail of payment made to contractor.
Etc. Having not received any response from the PIO, the Appellant filed a First Appeal dated 03.10.2018. The FAA vide order dated 20.11.2018 directed the PIO, EE, CD-VII to provide the information to the appellant at the earliest after obtaining the requisite fee for documents as applicable under the RTI Act.
Page 4 of 19Written submissions have been received from PIO, Executive Engineer (CD-7), Irrigation and Flood Control Department, vide letter dated 18.03.2021, as under:
Page 5 of 19CIC/IAFCD/A/2019/105159 Information sought:
The Appellant sought following 12 points information:
1. Provide the certified copies of abstract of cost of the payment made to contractor.
2. Provide the certified copy of all the invoices of the material procured for execution of this work.
3. Provide the certified copy of work completion certificate if applicable
4. Provide the current bank account number of contractor in which payment made.
5. Provide the detail of payment made to contractor.
Etc. Having not received any response from the PIO, the Appellant filed a First Appeal dated 03.10.2018. The FAA vide order dated 20.11.2018 directed the PIO, EE, CD-VII to provide the information to the appellant at the earliest after obtaining the requisite fee for documents as applicable under the RTI Act.
Written submissions have been received from PIO, Executive Engineer (CD-7), Irrigation and Flood Control Department, vide letter dated 18.03.2021, as under:
Page 6 of 19CIC/IAFCD/A/2019/105161 Information sought:
The Appellant sought following 12 points information:
1. Provide the certified copies of abstract of cost of the payment made to contractor.
2. Provide the certified copy of all the invoices of the material procured for execution of this work.
3. Provide the certified copy of work completion certificate if applicable
4. Provide the current bank account number of contractor in which payment made.
5. Provide the detail of payment made to contractor.
Etc. PIO/Executive Engineer (CD-VII), Delhi, furnished reply to the Appellant vide letter dated 29-08-2018 stated that Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 03-10-2018. The FAA vide order dated 20-11-2018 directed the PIO/EE, CD-VII to provide the information to the appellant at the earliest after obtaining the requisite fee for documents as applicable under the RTI Act. Written submissions have been received from PIO, Executive Engineer (CD-7), Irrigation and Flood Control Department, vide letter dated 18.03.2021, as under Page 7 of 19
CIC/IAFCD/A/2019/105164 Information sought:
The Appellant sought following 12 points information:
1. Provide the certified copies of abstract of cost of the payment made to contractor.
2. Provide the certified copy of all the invoices of the material procured for execution of this work.
3. Provide the certified copy of work completion certificate if applicable Page 8 of 19
4. Provide the current bank account number of contractor in which payment made.
5. Provide the detail of payment made to contractor.
Etc. PIO, Executive Engineer CD-VIII, Govt. of NCT of Delhi, furnished reply to the Appellant vide letter dated 07-09-2018 stated that Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 19-09-2018. The FAA vide order dated 20-11-2018 informed the appellant that information sought are under preparation and same will be provided within 7 days.
Written submissions have been received from PIO, EXECUTIVE ENGINEER:CD-VIII, I&FC DEPARTMENT, GNCTD, vide letter dated 22.03.2021, as under:
Page 9 of 19 Page 10 of 19CIC/IAFCD/A/2019/105168 Information sought:
The Appellant sought following 38 points information:
1. Provide the certified copy (duly signed by competent authority) of work order for work of NIT No. EE/CD-VIII/2017-18/60.
2. Provide the name, office address and mobile numbers of Junior Engineer, Assistant Engineer and other I&FC officers, under whom supervision the above mention work is doing.
3. Provide the certified copy of schedule of quantity.
4. Provide the computer-generated copies of all challans/bills indicating of quantity of RMC Concrete, cement slump value and grade with time of departure from the RMC Plant which was verified by the I&FC department person.
5. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
Etc. PIO, Executive Engineer CD-VIII, Govt. of NCT of Delhi, furnished reply to the Appellant vide letter dated 07-09-2018 stated that Page 11 of 19 Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 19-09-2018. The FAA vide order dated 20-11-2018 held that:
Written submissions have been received from PIO, EXECUTIVE ENGINEER:
CD-VIII, I&FC DEPARTMENT, GNCTD, vide letter dated 22.03.2021, as under:Page 12 of 19 Page 13 of 19
CIC/IAFCD/A/2019/109899 Information sought:
The Appellant sought following 12 points information:
1. Provide the certified copies of abstract of cost of the payment made to contractor.
2. Provide the certified copy of all the invoices of the material procured for execution of this work.
3. Provide the certified copy of work completion certificate if applicable
4. Provide the current bank account number of contractor in which payment made.
5. Provide the detail of payment made to contractor.
Etc. Having not received any response from the PIO, the Appellant filed a First Appeal dated 03.10.2018. The FAA vide order dated 20.11.2018 directed the PIO, EE, CD-VII to provide the information to the appellant at the earliest after obtaining the requisite fee for documents as applicable under the RTI Act.
Written submissions have been received from PIO, Executive Engineer (CD-7), Irrigation and Flood Control Department, vide letter dated 18.03.2021, as under:
Page 14 of 19CIC/IAFCD/A/2019/110422 Information sought:
The Appellant sought following 12 points information:
1. Provide the certified copies of abstract of cost of the payment made to contractor.
2. Provide the certified copy of all the invoices of the material procured for execution of this work.
3. Provide the certified copy of work completion certificate if applicable
4. Provide the current bank account number of contractor in which payment made.
5. Provide the detail of payment made to contractor.
Etc. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 27-10-2018 which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
Written submissions have been received from PIO, Executive Engineer (CD-7), Irrigation and Flood Control Department, vide letter dated 18.03.2021, as under:
Page 15 of 19Grounds for Second Appeal:
PIO has not provided the desired information.Page 16 of 19
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: represented by Keshav Kumar Respondent(S) : (1) Somnath Kashyap, PIO & Executive Engineer-(CD-7), Irrigation and Flood Control Department, present in person.
(2) J Narender Sagar, PIO & Executive Engineer-(CD-VIII), Irrigation and Flood Control Department Rep. of the appellant stated that they are not satisfied with the conduct of the PIO by not providing the relevant information within the prescribed time limit. He further submitted that an opportunity of inspection was provided to him, however neither the details pertaining to the official in charge nor specific detail pertaining to place of inspection and time were provided.
Both the PIOs submitted that they would comply with the directions of the Commission, if any. They further submitted that appellant could still visit the office and inspect the relevant records, if he desires.
Upon Commissions instance, Rep. of the appellant affirmed to the same. Commission further directed to fix the date and time of the inspection during hearing. Both the parties mutually decided the date I.e. 16.04.2021 at 11:00 Am.
Decision:
At the outset, Commission takes into account the submission of the appellant and expresses serious displeasure over the conduct of both the erstwhile PIOs (Executive Engineer-(CD-VII) & CD-VIII), Irrigation and Flood Control Department) in having not provided a proper opportunity of inspection to the appellant. In view of that, both the then PIOs are hereby directed to file a written explanation justifying the said conduct, failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated against him/her, if necessary. PIO is further directed to send copy of supporting documents on which he relies upon in his submission as well as copy of reply sent on the RTI Application, if any. In doing so, if any other persons are also responsible for the said conduct, the PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. The said written submission of both the PIOs Page 17 of 19 along with submissions of other concerned persons, if any, should reach the Commission within 30 days from the date of receipt of this order.
The present PIOs will ensure service of this order to then PIOs.
Now, Commission has gone through the case records and observes that the instant RTI Applications seeks information pertaining to certain construction projects of the Respondent Authority and same does not conform to the 500-word limit prescribed under Rule 3 of RTI Rules, 2012. Even further, information sought in the instant RTI Applications are voluminous and contains unspecific information requiring interpretation and deduction of the PIO.
However, during the process of hearing both the parties have mutually decided to inspection of record and accordingly, directs both the PIOs to once again provide an opportunity of inspection of relevant and available records to the Appellant as sought in instant RTI Application, on a mutually decided date & time decided during the course of hearing i.e. 16.04.2021 at 11:00 Am. Further, copy of documents, if desired by the Appellant upon inspection should be provided free of cost upto 25 pages and beyond that, prescribed fees shall be charged as per Rule 4 of RTI Rules, 2012. Commission's directions should be complied within 30 days from the date of receipt of this order and compliance report to this effect be duly sent to the Commission by the PIO.
All the appeal(s) are disposed of accordingly.
Heeralal Samariya (हीरालाल साम रया)
Information Commissioner (सूचना आयु )
Authenticated true copy
(अिभ मािणत स ािपत ित)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514
Page 18 of 19
Copy to be served through present PIOs to:
Then PIO,
Executive Engineer-(CD-7),
Irrigation and Flood Control Department
(Government of NCT of Delhi), Civil Division-VII, Rohini Office Complex, Sector-15, Rohini, Delhi-110085.
Then PIO, Executive Engineer-(CD-VIII), Irrigation and Flood Control Department (Government of NCT of Delhi), Civil Division-VIII, Sector-15, Rohini, Delhi-110089.
--(For taking note of the adverse remarks of the Commission and complying with the directions)--
Page 19 of 19