Central Information Commission
Shamsher Singh Patial vs Ministry Of Road Transport & Highways on 22 May, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के य सच
ू ना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MORTH/C/2022/136000
Shamsher Singh Patial िशकायतकता /Complainant
....िशकायतकता
VERSUS
बनाम
CPIO,
MINISTRY OF ROAD TRANSPORT &
HIGHWAYS, RTI CELL, TRANSPORT
BHAWAN, 1, PARLIAMENT STREET,
NEW DELHI-110001. ... ितवादीगण /Respondent
Date of Hearing : 17/05/2023
Date of Decision : 17/05/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from complaint:
RTI application filed on : 10/06/2022
CPIO replied on : Not on record
First appeal filed on : Not on record
First Appellate Authority order : Not on record
Complaint dated : 22/07/2022
Information sought:
The Complainant filed an RTI application dated 10.06.2022 seeking the following information:
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"I am to enclose one copy of my letter dated 16.03.2022 addressed to Shri. Nitin Gadhkari, Hon'ble Minister (R T & H) and duly authenticated by our Gram Panchayat, Gurbal (H.P) with the request that the following information may be provided to me in the context of the said letter as required below:-
(i) The reason for unnecessarily giving a bend/curve in the survey for four laning of NH 88 in the Bhardoli Nadaur Bypass Stretch mentioned in paras 1 and 2 of my letter dated 16.03.2022 (Copy enclosed).
(ii) The reasons for altering the earlier survey for four laning above mentioned stretch of the NH 88 which would not have affected adverselt the six houses mentioned in the copy of the letter dated 16.03.2022 may be provided.
(iii) In respect of Para 5 of my letter dated 16.03.2022 whether any orders have been issued to any competent authority by the Hon'ble Minister ( R T & H ) to ascertain, appreciate and weigh the pros and cons with regard to earlier survey without any curve/bend and the latest survey with the curve/bend.
(iv) Further, whether any such competent authority after re appreciation of looking into the issue, submitted any report to the Hon'ble Minister so that the six families can be spared of the unnecessary demolition of their houses."
Having not received any response from the CPIO, complainant directly approached the Commission with the instant Complaint.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Present through video-conference.
Respondent: Not present.
Brijkant, APIO NHAI Shimla present through video-conference.
The Complainant stated that he is aggrieved with the fact that no reply has been provided to him as per the timelines stipulated in the provisions of the RTI Act.2
Sudhir Sharma, CPIO, MoRTH filed a copy of letter dated 12.05.2023 marked to R.O., NHAI Shimla with the following contents -
"....2. The RTI application dated 22-06-2022 of Shri Shamsher Singh Patial was forwarded to Ms. Romi, AEE (Regional Office, Shimla) on 22-06-2022. As per RTI online Portal record, had transferred the RTI application to Regional officer, NHAI, Shimla vide letter No. RO/HP/RTI/2022-23/241 dated 24-06- 2023 under Section 6(3) of the RTI Act,2005.
3. A Now, we have received a Notice from CIC for hearing scheduled to be held on 17-05-2023 at 11:30 AM. As per directions of the Commission, CPIO/PI0 should personally attend the hearing; if for a compelling reason(s) he/she is unable to be present, he/she has to give reasons for the same and shall authorize an officer not below the rank of CPIO, fully acquainted with the facts of the case and bring complete file/file(s) with him. If the CPIO attending the hearing before the Commission does not happen to be the concerned CPIO, it shall still be his/her responsibility to ensure that the CPIO(s) concerned must attend with complete file concerning the RTI request, the hearing along with him. CIC has further directed that the respondent may send their written comments if any, to the Commission by e-mail or by Post so as to reach at least 7 days before the scheduled date of hearing.
5. As informed by CIC the party concerned should reach the venue at least 30 minutes before the scheduled time on hearing. They are also requested to intimate their telephone/mobile numbers and email address to CIC."
Brijkant, APIO NHAI Shimla submitted that as per the communication of CPIO, MoRTH the instant RTI Application has been transferred to the R.O., NHAI Shimla who in turn further forwarded it to the PD, NHAI Shimla; however, the same was not traceable in their office. He tendered his apology in this regard and further volunteered to provide a point wise reply to the Complainant now.
Decision At the out set , the Commission takes grave exception to the absence of the CPIO, MoRTH during the hearing without intimating any reasons thereof. In addition to it, no reply or any written submission in response to instant RTI Application has been furnished by the CPIO, MoRTH within the stipulated time frame of RTI Act and even after receipt of hearing notice. The said conduct of the CPIO, MoRTH tantamount to causing unwarranted obstructions to the Appellant's right to 3 information and is also in gross disregard for the proceedings of the Commission as well as the provisions of the RTI Act.
In this regard, the present CPIO,MoRTH New Delhi is hereby directed to send his written submission to the Commission within 7 days from the date of receipt of this order detailing the reason for his absence and non-filing of any proper submissions in the instant case.
Notwithstanding ,the Commission is also flabbergasted with the conduct of then CPIO, NHAI, Shimla in not providing any response to the Complainant as per the provisions of RTI Act and also no substantial explanation for such delay has been tendered by the APIO appearing on behalf of CPIO, NHAI Shimla during hearing. Such casual conduct of the CPIO only shows disdainful conduct of NHAI, Shimla office in dealing with RTI matters which only causes unwarranted obstructions to the Complainant's right to information and also deemed to be in grave violation to the provisions of RTI Act.
In view of the above, the concerned then CPIO NHAI Shimla (at the time of receipt of instant RTI Application) through the present CPIO is hereby directed to file a written explanation to the Commission within 15 days from the date of receipt of this order along with supportive documents, as to why action should not be initiated against him under Section 20 of RTI Act for not giving any reply in terms of RTI Act.
Brijkant, APIO should ensure service of this order at the current corresponding address of the then CPIO, NHAI Shimla for timely compliance of abovementioned directions.
Further, a copy of this order is marked to the Chairman, NHAI to take note of the lax approach of the CPIO,NHAI Shimla in dealing with a simple request for information. The absence of the CPIO and his failure to provide any information to the Complainant within the stipulated time frame of the RTI Act and the sheer disregard of the CPIO for the proceedings of the Commission reflects upon a grossly evasive approach and raises a reasonable doubt regarding the standards of probity and transparency adopted across the offices of NHAI.
With the aforesaid observations the Complaint is disposed of accordingly.
4The Complaint is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) सूचना आयु ) Information Commissioner (सू Authenticated true copy (अिभ मािणतस यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date Copy marked to take note of the observations -
To The Chairman, National Highways Authority of India, G 5&6, Dabri - Gurgaon Rd, Sector 10 Dwarka, Dwarka, Delhi, 110075.
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