Central Information Commission
Surya Kant vs National Building Construction ... on 9 October, 2024
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/NBCCL/A/2023/627347
Surya Kant .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Deputy General Manager NBCC (India)
Limited, NBCC Bhawan, Lodhi Road,
New Delhi - 110003. .... ितवादीगण /Respondent
Date of Hearing : 18.09.2024
Date of Decision : 09.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 28.12.2022
CPIO replied on : 28.03.2023
First appeal filed on : 30.12.2022
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : Nil
Page 1 of 7
Information sought:
The Appellant filed an RTI application dated 28.12.2022 seeking the following information:
1. Did NBCC undertake the construction of the Physics, Chemistry, Math's (hereon referred to as PCM) buildings of Academic block & Class Room Complex(hereon referred to as CRC) buildings at SVNIT, Surat?
2. Did NBCC contract out the construction work to another agency? If so, the name of the company/ agency to whom the work was contracted by NBCC
3. When did the construction of the PCM building start and when did the construction end?
4. When did the construction of the CRC start and when did construction end?
5. If the building construction was sub-contracted to some other party, has payment for the construction of the PCM building and the CRC building been made in full?
6. If building construction was sub-contracted to some other party, has the Performance Bank Guarantee for the same been released to the sub- contractor?
7. Was there a report of satisfactory construction given to the company sub-contracted by NBCC for the construction of the PCM and CRC buildings? If so, kindly provide a copy
8. Are the two buildings currently being used and were they deemed safe for occupation and usage at the time of completion?
9. What type of methodology or techniques do the engineers at NBCC employ to ensure that the building is safe for usage and continued occupation?
10. Since its construction, Has SVNIT reported any flaws in the two complexes to NBCC?
11. If any flaw was reported by SVNIT, when was the first time that SVNIT communicated to NBCC about the fault?
12. What was the action that NBCC took in order to ensure and assure their client SVNIT that the building was safe?
13. Did NBCC conduct any study, conducted tests themselves or through an external agency on the PCM and CRC buildings? If yes, kindly provide reports for the same.
14. Was the matter reported to the Vigilance department of NBCC?
15. Are their certain design/structural problems/issues that were identified in both or either of the buildings?Page 2 of 7
16. Who was the NBCC officer overseeing the construction of the two complexes? Kindly provide the name and the designation of the official.
17. If any negligence was identified on part of the NBCC official overseeing the construction of the PCM and CRC buildings?
18. If any vigilance enquiry was instituted on the official overseeing the construction of the CRC and PCM building?
19. Was any punishment/penalty levied on the NBCC official in charge of overseeing the construction of the PCM & CRC buildings?
20. What is the current designation of the official who oversaw the construction of the CRC and the PCM buildings?
21. Which company was the architect and designer of the PCM and CRC buildings?
22. Did NBCC issue any letter(s) to the architect of the two complexes while assigning faulty design by the architect? If so, kindly provide a copy of the same
23. Are either or both of the two buildings a risk to life and property owing to design faults or construction faults?
24. Does NBCC plan to demolish either or both of the buildings due to structural defects in them?
25. What is the policy of NBCC regarding testing of water used by its sub-
contractors during the construction of its projects? Who has the overall responsibility of ensuring that the water used during construction does not contain chemicals or ions which may be harmful to the concrete, iron, steel and RCC and reduce the life as such?
26. What is the policy of NBCC regarding the encashing of performance of bank guarantees of parties to projects unrelated to the project where performance issues may have arisen? For instance, if a contractor is working on projects A & B, and BG for project A was released and post release certain issues arose, is it common practice of NBCC to withhold and encash BG from project B?
27. Is it common practice of NBCC to withhold payments of contractors of projects unrelated to the project where performance issues may have arisen?
The CPIO furnished a point-wise reply to the Appellant on 28.03.2023 stating as under:
1. Yes
2. Yes. Agency M/s. Classic Civil Engineers Pvt. Ltd., formerly known as M/s.
Classic Engineers.
3. Start:15.03.2013, End: 14.11.2014
4. Start: 22.02.2012, End: 22.12.2013 Page 3 of 7
5. On behalf of SVNIT, NBCC has awarded the contract to M/s. Classic Civil Engineers Pvt. Ltd., formerly known as M/s. Classic Engineers. As per the record available payment for the construction made as per the contract agreement.
6. Performance bank guarantee of the contractor released as per contract agreement after successful completion.
7. The information sought cannot be shared/disclosed under the provision of Section 8(1) (e) of the RTI Act, 2005.
8. PCM Building & CRC Building were used by SVNIT after completion.
However, CRC building is not used by SVNIT currently.
9. Information sought is not clear and vague. However, in order to check the safety of the building NBCC appoints third party such as IITs for safety and usage of buildings.
10. No such information available with this public authority.
11. No such information available with this public authority.
12. NBCC has tested the buildings through IIT and submitted the report to SVNIT.
13. The information sought cannot be shared/disclosed under the provision of Sections 8(1) (d) & (e) of the RTI Act, 2005.
14. Yes.
15. No such information available with this public authority.
16. The information sought cannot be shared/disclosed under the provision of Sections 8(1) (j) of the RTI Act, 2005.
17. No such information available with this public authority.
18. No
19. No
20. The information sought cannot be shared/disclosed under the provision of Sections 8(1) (j) of the RTI Act, 2005.
21. M/s Enarch Consultants Pvt. Ltd for PCM Building & M/s Abhijit Ray & Associates for CRC Building.
22. Information sought cannot be shared/disclosed under section 8 (1) (e) of the RTI Act, 2005.
23. No such information available with this public authority.
24. NBCC is not a competent authority for the same.
25. Water sample is collected from the site & sent to lab for testing.
26. Applicable as per the GCC Clause of the contract of the project.
27. Project was successfully completed and handed over to the client.
However, it is worthy to mention that the defect liability period was successfully completed at both sites long back.
Page 4 of 7Being dissatisfied, the appellant filed a First Appeal dated 30.12.2022. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Ms. Manjeeta Mahajan, GM (HRM)/PIO accompanied by Mr. Neelesh Sahu, DPM (Civil), NBCC, Delhi present in person.
Ms. Manjeeta Mahajan, GM (HRM)/PIO while defending the case inter alia submitted that a point-wise reply as per the RTI Act has already been provided to the appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, observed that reply given by the respondent was incomplete and evasive. The respondent while replying to the RTI application on point Nos. 10, 11, 15, 17 and 23, stated that information sought was not available with them. However, the PIO neither transferred the RTI application under section 6 (3) of the RTI Act nor obtained information from the concerned department/office by invoking section 5 (4) of the RTI Act which is gross violation of the provisions of the RTI Act.
It may not be out of place to mention that under section 6 (3) of the RTI Act, if an application is received by a Public Authority (PA), which seeks information which is more closely connected with the subject matter relating to another PA or which is held by another PA or connected with another office under the same PA, the PIO/Nodal officer of the receiving authority should transfer the RTI application to the concerned public authority within the time line prescribed. However, in this case, the respondent failed to do so.Page 5 of 7
Besides, the CPIO has denied the information on point Nos. 7, 13, 16, 20 and 22 of the RTI application under the provisions of Section 8 (1) (e) and Section 8 (1) (j) of the RTI Act. However, she failed to explain as to how these provisions would be applicable to the queries raised on above points of the RTI application. It may not be out of place to mention that the onus of proof that the denial of a request was justified lies on the CPIO/FAA denying disclosure of the information. The respondent failed to discharge his/her statutory duties enumerated under the RTI Act. The approach of the CPIO apparently treads upon the citizen's right under the RTI Act by causing unwarranted obstruction to the free flow of information. The Commission is of the view that most of the information sought by the appellant in this case should have been disclosed upfront by the Public Authority as per Section 4 (1)(b) of the RTI Act.
It is noted that CPIO has not made any efforts to provide the revised point-wise information even upon receipt of hearing notice of the Commission. More than one and half years has elapsed, and complete information has still not been provided by the CPIO. In matters connected with contracts, time is essence of the information.
It may not be out of place to mention that First Appellate Authority (FAA) plays an important role in the RTI regime. The appeals against the orders of the CPIO are filed with the FAA. FAA is expected to dispose of the appeal within 30 days of receipt of application extendable to 45 days for reasons to be recorded in writing. However, the FAA has not passed any order till the date of hearing.
In view of the above, Ms. Manjeeta Mahajan, CPIO and Ms. Reshma Dudani, the then FAA, NBCC, New Delhi, are show caused to explain as to why maximum penalty under section 20 (1) of the RTI Act may not be imposed upon each of them for not providing the complete information as per the provisions of the RTI Act to the appellant. The present CPIO is given responsibility to serve a copy of this order as well as show cause notice to the concerned FAA and secure her attendance on the next date of hearing and also submit their written explanations. All the written explanations (from CPIO and the FAA) must reach the Commission within four weeks from the date of receipt of this order.
Page 6 of 7In addition to the above, the present CPIO is directed to revisit the RTI application and provide the revised point-wise information/reply to the appellant as per the provisions of the RTI Act, within three weeks from the date of receipt of this order, under intimation to the Commission.
The First Appellate Authority to ensure compliance of the direction.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Executive Director, Engg. Department. NBCC (India) Limited, NBCC Bhawan, Lodhi Road, New Delhi - 110003.
Ms. Manjeeta Mahajan, CPIO Deputy General Manager NBCC (India) Limited, NBCC Bhawan, Lodhi Road, New Delhi - 110003.
Ms. Reshma Dudani,. FAA Deputy General Manager NBCC (India) Limited, NBCC Bhawan, Lodhi Road, New Delhi - 110003.Page 7 of 7
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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