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Central Information Commission

Prem Prakash Prajapati vs Ministry Of Shipping on 15 March, 2017

                        Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
                                    website-cic.gov.in

                       Appeal No. CIC/YA/A/2016/001233/MP


Appellant                   :      Shri Prem Prakash Prajapati, Sagar
Public Authority            :      Indian Road Congress, New Delhi

Date of Hearing             :      February 27, 2017
Date of Decision            :      March 7, 2017

Present:
Appellant                   :      Present - through VC
Respondent                  :      Shri D Sam Singh, DS - at CIC

RTI application            :       15.12.2015
CPIO's reply               :       15.01.2016
First appeal               :       27.01.2016
FAA's Order                :       10.02.2016
Second appeal              :       18.02.2016


                                        ORDER

1. Shri Prem Prakash Prajapati, the appellant, sought information with reference to the documents no. IRC:SP:94-2011 titled as "Material testing facilities for highway sector in National Capital Region"; copy of legal identity of NABL; full form of NABL; the ground indicating that only NABL approved laboratories were reliable; name, designation and address of the authority to whom a representation to remove the unfair condition could be made; etc.

2. The CPIO intimated the appellant that queries were related to NABL, therefore the appellant was requested to approach NABL. Being dissatisfied, the appellant approached the FAA. The FAA while disposing the appeal forwarded the RTI application to the NABL. Being aggrieved, the appellant came in second appeal before the Commission stating that the CPIO provided misleading reply.

3. The matter was heard by the Commission. The appellant stated that the CPIO had not provided him correct information and the FAA had also agreed with the CPIO. Moreover, instead of giving point wise response on the seven points listed in his RTI application, the respondents had sent a one para reply, mainly giving information about Indian Road Congress itself rather than give a specific response. The FAA had also not given any additional information.

4. The respondent stated that the appellant was seeking replies to questions in many points and they were not mandated to provide clarifications or reply to questions and had provided the status and role of IRC while requesting the appellant to approach NABL (National Accreditation Board for Testing & Calibration Laboratories) which was an autonomous body under the Deptt. of Science & Technology, Government of India, for seeking information.

5. On hearing both the parties and going through the available records, the Commission finds that the CPIO has not provided a specific response to the RTI application. The Commission, therefore, directs the CPIO to revisit the RTI application and respond within 15 days of the receipt of the order of the Commission. The appeal is disposed of.

(Manjula Prasher) Information Commissioner Authenticated true copy:

Dy Registrar Copy to:
The Central Public Information Officer The First Appellate Authority Indian Road Congress Indian Road Congress Kama Koti Marg, Sector-6 Kama Koti Marg, Sector-6 New Delhi-110022 New Delhi-110022 Shri Prem Prakash Prajapati Industrial Area, Khurai Road Bina, Distt Sagar-740113