Central Information Commission
Govind Kondiba Tanpure vs National Highways Authority Of India ... on 2 May, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/NHAIN/A/2021/117514 +
CIC/NHAIN/A/2021/117869 +
CIC/NHAIN/A/2021/117884 +
CIC/NHAIN/A/2021/118432 +
CIC/NHAIN/A/2021/121174
Govind Kondiba Tanpure ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
National Highways Authority of
India, Project Implementation Unit,
Pune, RTI Cell, S. No. 134/1, BAIF Bhawan
Camps, Dr. Manibhal Desai Nagar, Warje,
Pune - 411058, Maharashtra. .... ितवादीगण /Respondent
Date of Hearing : 29/04/2022
Date of Decision : 29/04/2022
INFORMATION COMMISSIONER : Saroj Punhani
Note: The above referred Appeals have been clubbed for decision as these are
based on the similar RTI Applications.
Relevant facts emerging from appeal:
File No. RTI CPIO First Appeal FAA's order Second
Application replied on dated dated Appeal dated
dated
117514 20.10.2020 19.11.2020 01.12.2020 01.02.2021 15.04.2021
117869 20.10.2020 19.11.2020 01.12.2020 01.02.2021 15.04.2021
117884 20.10.2020 19.11.2020 01.12.2020 01.02.2021 15.04.2021
118432 20.10.2020 19.11.2020 01.12.2020 01.02.2021 15.04.2021
1
121174 20.10.2020 19.11.2020 01.12.2020 02.02.2021 21.05.2021
CIC/NHIAN/A/2021/117514
Information sought:
The Appellant filed an RTI application dated 20.10.2020 seeking the Monthly Progress Report regarding NH-4 - Pune Satara road work for the period 2006 to 2020 including inter-alia;
"Report submitted by your NHAI Pune Office to the Central Government. A monthly progress report on every approved work in such a form as that Government require. (As per National Highway Rule-1957)."
The CPIO replied to the appellant on 19.11.2020 stating as follows:-
"The details sought by you are very exhaustive. You are requested to visit this office on any working day during working hour i.e. 10.00 am to 6.00 pm with prior intimation to this office for inspection of records. No fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter for inspection of records."
Being dissatisfied, the appellant filed a First Appeal dated 01.12.2020. FAA's order dated 01.02.2021 held as under:-
"............the appellant may inspect the Monthly Progress reports available at PIU-Pune and obtain copy of reports with 2 days prior intimation within 30 days from the issue of this order, CPIO & PD, PIU-Pune is directed to provide the copy of documents after obtaining the necessary stationery charges as per RTI Act. 2005."
CIC/NHIAN/A/2021/117869 Information sought:
The Appellant filed an RTI application dated 20.10.2020 seeking the Completion Report for the period 2005 to 2020 regarding NH-4 - Pune Satara road work, including inter-alia;
"Completion of any approved work of National Highway- The executive agency shall to the Central Government a full & correct report on such 2 completion ln such form as that Government may require (As per National Highway Act- 1957)."
The CPIO replied to the appellant on 19.11.2020 stating as follows:-
"You have sought information under NH Act 1957. There is no such act but rule, which is called 'National Highway rule 1957'. However, the details sought by you are very exhaustive. You are requested to visit this office on any working day during working hour i.e. 10.00 am to 6.00 pm with prior intimation to this office for inspection of records. No fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter for inspection of records."
Being dissatisfied, the appellant filed a First Appeal dated 01.12.2020. FAA's order dated 01.02.2021 held as under:-
"CPIO & PD, PIU-Pune has informed that, the project is in progress and completion report is not prepared. The appellant may inspect the available progress report at PIU/Pune and obtain copy of reports with 2 clays prior intimation within 30 days from. the issue of this order. CPIO & PD, PIU-Pune is directed to provide the copy of document after obtaining the necessary stationery charges as per RTI Act. 2005."
CIC/NHIAN/A/2021/117884 Information sought:
The Appellant filed an RTI application dated 20.10.2020 seeking the following information regarding NH-4 - Pune Satara road work - Annual Report for the period 2004 to 2020, including inter-alia;
"As per National Highway Act-1956. The Authority shall prepare in such form & such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year & submit a copy there of to the Central Government."
The CPIO replied to the appellant on 19.11.2020 stating as follows:-
"The details sought by you are very exhaustive. You are requested to visit this office on any working day during working hour i.e. 10.00 am to 6.00 pm with prior intimation to this office for inspection of records. No fee for the 3 first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter for inspection of records."
Being dissatisfied, the appellant filed a First Appeal dated 01.12.2020. FAA's order dated 01.02.2021 held as under:-
"NHAI website Link: NHAI->Annual Reports CPIO & PD, PIU-Pune has informed that, separate Annual Report for the project of Pune-Satara Section of NH-4 is not prepared. The appellant may Inspect the available monthly/quarterly progress reports at PIU-Pune and obtain copy of reports with 2 days prior intimation within 30 days from the issue of this order, CPIO & PD, PIU-Pune Is directed to provide the copy of document after obtaining the necessary stationery charges as per RTI Act, 2005."
CIC/NHIAN/A/2021/118432 Information sought:
The Appellant filed an RTI application dated 20.10.2020 seeking the Account & Audit Report (for the period 2006 to 2020) of NH-4 - Pune Satara road work - including inter-alia;
"In consultation with the comptroller and auditor - General of India, be prescribed & the Authority shall furnish to the Central Government, before such date as may be prescribed its audited copy of documents together with the auditor's report. (As per National Highway Act-1956)."
The CPIO replied to the appellant on 19.11.2020 stating as follows:-
"The information sought by the applicant is exempted under section 8 of the RTI Act, 2005. Regarding this, applicant may check CIC website, on similar issues uploaded on the website."
Being dissatisfied, the appellant filed a First Appeal dated 01.12.2020. FAA's order dated 01.02.2021 held as under:-
"1. Reply to audit queries is finalized by Competent Authority at NHAI HQ and same is Incorporated in the Annual Reports of NHAI. Consolidated CAG Audit Report for all projects undertaken by NHAI is available in the Annual Reports uploaded on NHAI website Link:4
tittps://nhai.gov.in/#/general/annual-reports (Home->About NHAI->Annual Reports). The appellant may also Inspect the available reports at PIU-Pune and obtain copy of reports with 2 days prior intimation within 30 days from the issue of this order. CPIO & PD, PIU-Pune is directed to provide the copy of document after obtaining the necessary stationery charges as per RTI Act, 2005."
CIC/NHIAN/A/2021/121174 Information sought:
The Appellant filed an RTI application dated 20.10.2020 seeking the following information regarding NH-4 - Pune Satara road work - Inspection of work, including inter-alia;
"The consulting engineer to the Government of India (Road Development) or any officer authorized by him in this behalf may inspect any time, any approved work in progress or completed. A report of every such inspection shall be submitted to the Central Government. As per National Highway Act- 1957."
The CPIO replied to the appellant on 19.11.2020 stating as follows:-
"You have sought information under NH Act 1957. There is no such act but rule, which is called 'National Highway Rule 1957'. However, the details sought by you are very exhaustive. You are requested to visit this office on any working day during working hour i.e. 10.00 am to 6.00 pm with prior intimation to this office for inspection of records. No fee for the first hour; and a fee of rupees five for each fifteen minutes (or fraction thereof) thereafter for inspection of records."
Being dissatisfied, the appellant filed a First Appeal dated 01.12.2020. FAA's order dated 02.02.2021 held as under:-
"Inspection reports of Independent Engineer appointed for the project is available at PIU-Pune. The appellant is requested to inform CPIO & PD, PIU- Pune the time period for which the Inspection reports are required. Else, the appellant may inspect the available reports at PIU-Pune and obtain copy of reports with 2 days prior intimation within 30 days from the Issue of this order. CPIO & PD, PIU-Pune Is directed to provide the copy of documents after obtaining the necessary stationery charges as per RTI Act, 2005."5
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant set of Second Appeal (s). He further harped on the fact that the information was required to corroborate evidence before the Hon'ble High Court. Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: S. S. Kadam, PD/PIU & CPIO present through video-conference.
The Commission remarked at the outset that the Appellant has not turned up at the NIC Venue for videoconference despite receipt of hearing notice as also after confirming to the Registry telephonically for participation in the hearing. Thus, in the interest of justice the bench through its Registry made due efforts to contact the Appellant telephonically, wherein he informed that he may be exempted from participating in the hearing and prayed the Commission to decide the instant matters on merits.
The CPIO while narrating the factual background submitted that the Appellant was an opprobrious person who created nuisance and obstruction during development of the averred projects and therefore, in order to facilitate completion of these projects; the Appellant was kept in judicial custody for a certain period of time and thereafter, he started harassing the Respondent officials by filings numerous RTI Applications seeking such level of information as sought in the instant matters. However, all his RTI Applications were duly replied with an opportunity of inspection of relevant records to him, yet he has not availed of the same. As regards the replies of instant RTI Applications referred herein above, the CPIO clarified that timely response along with opportunity of inspection of documents have been furnished and also, where ever required, attention towards specific hyperlink of the website for the information has been provided to the Appellant.
Lastly, at the behest of the Commission, the CPIO agreed to reiterate the opportunity of inspection of relevant records to the Appellant.
Decision:
The Commission upon a perusal of facts on record finds no infirmity in the replies provided by the CPIO as the same adequately suffices the enormous level of information sought by the Appellant through instant RTI Applications as per the provisions of RTI Act.6
However, considering the enormity of the information sought for and to allay the apprehension of the Appellant, the CPIO is directed to reiterate the offer of inspection of the relevant and available records related to the instant RTI Applications (referred herein above) to the Appellant on a mutually decided date and time. The intimation of the date & time of inspection will be provided to the Appellant telephonically and in writing by the CPIO. Copy of documents, as identified and desired by the Appellant shall be provided free of cost upto 50 pages and thereafter upon receipt of RTI fees as per RTI Rules, 2012 be provided by the CPIO. The CPIO is also directed to ensure that due assistance is provided to the Appellant during the inspection in accessing and identifying the records. The said direction should be complied with by the CPIO within 15 days from the date of receipt of this order and a compliance report to this effect should be sent to the Commission by the CPIO incorporating the details of the records provided for the inspection and copies thereof, immediately thereafter.
The appeal (s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 7