Central Information Commission
Mrm K Tyagi vs North Western Railway on 26 May, 2015
CENTRAL INFORMATION COMMISSION
CLUB BUILDING (NEAR POST OFFICE)
OLD JNU CAMPUS, NEW DELHI110 067
TEL: 01126179548
Decision No.CIC/VS/A/2014/000067/09926
Appeal No.CIC/VS/A/2014/000067
Dated: 01.06.2015
Appellant: Shri M.K. Tyagi,
R/o 222, Siddharth Enclave,
New Delhi110 014.
Respondent: Central Public Information Officer,
North Western Rly, HQ Office,
Jaipur, Rajastha.
Date of Hearing: 26.05.2015
ORDER
RTI application:
1. The appellant filed an RTI application on 25.06.2012 seeking information pertaining to a tender for gauge conversion project.
2. The CPIO responded on 22.08.2012 and provided some information to the appellant.
The appellant filed his first appeal on 18.10.2012 with the first appellate authority (FAA). The FAA responded on 01.08.2013 and provided additional information in 139 pages to the appellant. The appellant filed a second appeal on 09.12.2013 with the Commission.
Hearing:
3. The appellant participated in the hearing personally. The respondent participated in the hearing through video conferencing.
4. The appellant referred to his RTI application of 25.06.2012 and stated that there were 2 contracts, i.e., contract No.07 and contract No.11 for doing some works in the Railways.
The appellant stated that contract No.07 was awarded to M/s S.R. Goyal & Co and contract No.11 was awarded to M/s Shiva Construction Pvt. Ltd. The appellant stated that some work for execution was transferred from contract No.11 to contract No.7. The appellant stated that without taking into account that the work of contract No.11 was executed by contract No.7, the payment had been made to contract No.11.
5. The appellant stated that there was some vigilance enquiry on a complaint regarding this anomaly. The appellant stated that he had made 18 points in his RTI application, but his focus is on point 1,2,3 and 9. The appellant said that he wants to know the (a) name, (b) designation, (c) scale of pay & grade pay, (d) permanent address (e) present designation, (f) name and designation of authority competent to remove them (g) immovable property returns of last three years; about those officials who made recording measurement of work of items of civil work in favour of contract No.11 in the measurement book.
6. The appellant stated that the respondent has not adhered to the timelines prescribed under the RTI Act for which a penalty should be imposed. The appellant stated that after much delays, the first appellate authority (FAA) informed the appellant on 01.08.2013 to inspect the related files.
7.The appellant stated that in a decision No.CIC/SM/A/2012/001276 dated 04.02.2013, it has been held that public authority should study its records and provide the information to the appellant.
8. The respondent stated that there are 5000 pages of records. The respondent stated that information regarding points 2 to 6 and 10 to 11, these are concerned by section 7 (9) of the RTI Act. The respondent stated that on points 7, 8 and 13 to 15, the appellant is seeking personal opinion. The respondent stated that on para 1, nine pages of information already provided to the appellant on 25.07.2012 but the appellant has asked for inspection of the records, and on para 4 the CPIO on 22.08.2012 provided information to the appellant.
9. The respondent said that on para 16, 139 pages information provided by the FAA on 01.08.2012 in the form it is available only that was provided.
10. The respondent further stated that CVC did not find any irregularity. Decision:
11. The respondent is directed to enable the appellant, within 30 days of this order, to inspect the relevant record and provide photo copies of the pertinent documents.
The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer