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Central Information Commission

Goutam Saren vs National Test House on 17 August, 2022

                                                CIC/NTSTH/A/2021/623330

                            के ीय सूचना आयोग
                    Central Information Commission
                         बाबा गंगनाथ माग,मुिनरका
                     Baba Gangnath Marg, Munirka
                       नई िद   ी, New Delhi - 110067
ि तीय अपील सं ा/ Second Appeal No. CIC/NTSTH/A/2021/623330
In the matter of:

Goutam Saren                                                ... अपीलकता/Appellant
                                     VERSUS
                                      बनाम
CPIO,                                                  ... ितवादीगण /Respondent
National Test House (WR),
Plot no. F-10, M.I.D.C.,
Marol, Andheri,
Mumbai-400093

Relevant dates emerging from the appeal:

RTI Application filed on                :   29.12.2020
CPIO replied on                         :   22.01.2021
First Appeal filed on                   :   27.01.2021
First Appellate Authority order         :   Not on Record
Second Appeal received on               :   10.06.2021
Date of Hearing                         :   17.08.2022
The following were present:

Appellant: Absent (despite being served the hearing notice)

Respondent: Shri Somit Neogi, Scientist-C & CPIO, participated in the
hearing through video conferencing from NIC Mumbai.

Shri Rakesh Saini, First Appellate Authority, participated in the hearing
through audio conferencing upon being contacted on his telephone.




                                                                   Page 1 of 9
                                               CIC/NTSTH/A/2021/623330

                                ORDER

Information sought:

The Appellant filed an online RTI Application dated 29.12.2020 seeking information on the following twelve points:

"Following queries pertain to National Test House (WR).

1) Mention/specify the types of samples which are forwarded to Chemical Engineering Laboratory from Civil Engineering Laboratory for inter-laboratory work/test.

2) Mention/specify the types of samples which are forwarded to Chemical Engineering Laboratory from Mechanical Engineering Laboratory for inter-laboratory work/test.

3) Mention/specify the types of samples which are forwarded to Chemical Engineering Laboratory from RPPT Laboratory for inter-laboratory work/test.

4) Mention/specify the types of samples which are forwarded to Chemical Engineering Laboratory from NDT Laboratory for inter- laboratory work/test.

5) Mention/specify the types of samples which are forwarded to Civil Engineering Laboratory from Mechanical Engineering Laboratory for inter-laboratory work/test.

6) Mention/specify the types of samples which are forwarded to Civil Engineering Laboratory from NDT Laboratory for inter- laboratory work/test.

7) Against each type of sample, mention/specify the tests conducted on the samples which are forwarded to Chemical Engineering Laboratory from Civil Engineering Laboratory for inter-

laboratory work/test and also mention/specify the related Indian Standard Codes followed for method of test, and equipment, machines/apparatus used, against each type of sample.

8) Against each type of sample, mention/specify the tests conducted on the samples which are forwarded to Chemical Engineering Laboratory from Mechanical Engineering Laboratory for inter-

CIC/NTSTH/A/2021/623330 laboratory work/test and also mention/specify the related Indian Standard Codes followed for method of test, and equipment, machines/apparatus used, against each type of sample.

9) Against each type of sample, mention/specify the tests conducted on the samples which are forwarded to Chemical Engineering Laboratory from RPPT Laboratory for inter-laboratory work/test and also mention/specify the related Indian Standard Codes followed for method of test, and equipment, machines/apparatus used, against each type of sample.

10) Against each type of sample, mention/specify the tests conducted on the samples which are forwarded to Chemical Engineering Laboratory from NDT Laboratory for inter-laboratory work/test and also mention/specify the related Indian Standard Codes followed for method of test, and equipment, machines/apparatus used, against each type of sample.

11) Against each type of sample, mention/specify the tests conducted on the sample s which are forwarded to Civil Engineering Laboratory from Mechanical Engineering Laboratory for inter- laboratory work/test and also mention/specify the related Indian Standard Codes followed for method of test, and equipment, machines/apparatus used, against each type of sample.

12) Against each type of sample, mention/specify the tests conducted on the samples which are forwarded to Civil Engineering Laboratory from NDT Laboratory for inter-laboratory work/test and also mention/specify the related Indian Standard Codes followed for method of test, and equipment, machines/apparatus used, against each type of sample."

Shri N. D. Rane, Sc-D(E) & CPIO, for Scientist Incharge, NTH (WR), Mumbai vide letter dated 22.01.2021, informed to the Appellant as under:

CIC/NTSTH/A/2021/623330 Being dissatisfied, the appellant filed a First Appeal dated 27.01.2021, which has not been adjudicated by the First Appellate Authority as per available records.

Grounds for Second Appeal:

The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent. He also requested the bench to award Compensation.

Submissions made by Appellant and Respondent during Hearing:

At the outset, the Commission observes that the First Appeal has been filed on 27.01.2021 and instant Second Appeal has been filed on 10.06.2021, i.e., after more than 4 months from the date of filing the First Appeal.

A Written submission has been received by the Commission from Shri Debashis Bhattacharya, Appellate Authority & Scientist-in-Charge, National Test House (NWR), Vide letter dated 14.08.2022, wherein the Commission has been apprised as under:

CIC/NTSTH/A/2021/623330 Page 5 of 9 CIC/NTSTH/A/2021/623330 Page 6 of 9 CIC/NTSTH/A/2021/623330 Decision:

Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the instant Second Appeal has been filed after a delay of 44 days from the stipulated time-frame as per the provisions of RTI Act and further no Application for Condonation of Delay is on the record. Hence, the Commission dismisses the instant appeal as a time-barred Second Appeal.

CIC/NTSTH/A/2021/623330 With the above observations, the instant Second Appeal is dismissed Copy of the decision be provided free of cost to the parties.

The Appeal, hereby, stands dismissed.

Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) िदनां क / Date: 17.08.2022 Authenticated true copy (अिभ मािणत स ािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 8 of 9 CIC/NTSTH/A/2021/623330 Addresses of the parties:

1. The First Appellate Authority (FAA) National Test House (HQ) Block-CP, Sector V, Salt Lake, Kolkata -700091

2. The Central Public Information Officer National Test House (WR), Plot no. F-10, M.I.D.C., Marol, Andheri, Mumbai-400093

3. Mr. Goutam Saren Page 9 of 9