Jeevin J vs National Highways Authority Of India ... on 2 June, 2023

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Central Information Commission

Jeevin J vs National Highways Authority Of India ... on 2 June, 2023

Bench: Saroj Punhani

                               के    यसचू नाआयोग
                         Central Information Commission
                             बाबागंगनाथमाग, मुिनरका
                          Baba Gangnath Marg, Munirka
                          नई द ली, New Delhi - 110067


File No : CIC/NHAIN/C/2022/652635

Jeevin J                                              ....िशकायतकता /Complainant

                                      VERSUS
                                       बनाम
CPIO,
National Highways Authority of India,
PIU-Nagercoil, RTI Cell, No. 314E,
K.P. Road, Near Ayappan Koil,
Parvathipuram, Nagercoil, Kanyakumari
Tamilnadu-629003.                                     ... ितवादीगण /Respondent

Date of Hearing                   :   31/05/2023
Date of Decision                  :   31/05/2023

INFORMATION COMMISSIONER :            Saroj Punhani

Relevant facts emerging from complaint:

RTI application filed on          :   06/01/2022
CPIO replied on                   :   28/01/2022
First appeal filed on             :   15/03/2022
First Appellate Authority order   :   02/08/2022
Complaint dated                   :   NIL

Information sought

The Complainant filed an RTI application dated 06.01.2022 seeking the following information:

"Road : NH 47 (Kanyakumari to Kaliyakkaavilai) Period of information: From 2016 to 2022

-Please supply me certified list of maintenance and/or repair works carried out through contractual agency, in respect of road stretch and period mentioned above.

-Please supply me certified copy of work orders issued / contracts awarded along with schedule of work, sanctioned detailed estimate, approved drawing/sketch in respect of maintenance and/or repair work of the road stretch during period mentioned above.

-Certified copies of Measurement Books wherein the measurement with respect to each of the work order/contract is recorded and passed with respect to road stretch during period mentioned above.

-Certified copies of the latest running account bills or final bills paid to the contractors with respect to each of the work order issued/contracts awarded and works carried out and/or in progress in road stretch during period mentioned above.

-Amount of penalty imposed and recovered from contractors/ agencies for indifferent works, sub-standard works or short-execution of works with respect to each of the work orders issued/contracts awarded for road stretch during period mentioned above.

-Certified list of officers and supervisors executed, supervised and measurement recorded in Measurement Book in respect of each of the work order/work contract executed on road stretch during the period mentioned above.

-Certified list of works and its performance guarantee amount deposit held by your public authority with respect each work order or contract awarded to and/or executed by contractors in respect of road stretch during period mentioned above.

-Certified copy of the note sheet and order of competent authority to release to contractor the performance guarantee deposit amount held by your public authority in respect of work orders/contracts pertaining to road stretch during period mentioned above.

-Please supply me the list of works carried out departmentally along with its sanctioned estimate, schedule of works, drawing or sketch indicating proposed works, in above stretch of road or the portion inclusive of above stretch of road, during the period from 2016 to 2022 January.

-Please inform me the name, designation, office address and Telephone numbers of Officer(s) and Supervisor(s) responsible for execution, monitoring and supervising the maintenance work of above-mentioned stretch of road.

-Please supply me certified copy manuals or an such other documents showing Schedule of Inspections indicating the frequency and nature of such inspections required to be carried out by officer(s) and Supervisors of your public authority with respect to conditions and maintenance of roads under their charge.

-Please supply me certified copies of all inspection notes/reports issued by officer in charge and Supervisors In charge of above stretch of road during the last 12 months.

-Please supply me certified copy of statement showing expenses incurred for maintenance and repairs."

The CPIO, NHAI, Madurai, Tamil Nadu transferred the RTI Application to the CPIO, Project Director, NHAI-PIU, Nagercoil on 28.01.2022 for providing information directly to the appellant.

Being dissatisfied, the complainant filed a First Appeal dated 15.03.2022. FAA's order, dated 02.08.2022, held as under:

"With reference to your RTI Appeal No. 00297, it is to intimate that, the information requested vide application dt.30.01.2022 has been transferred to the Divisional Engineer, National Highways, Nagercoil by RO-Madurai vide Lr.No. NHAI/11013/11/2017/RO Madurai/493, dt.15.02.2022 under section 6(3) of RTI Act for furnishing information directly to the applicant. Hence, the appeal is disposed off."

Feeling aggrieved and dissatisfied, the complainant approached the Commission with the instant Complaint on the ground of non-receipt of desired information from the CPIO, NHAI Nagercoil.

Relevant Facts emerging during Hearing:

The following were present:-

Complainant: Not present.

Respondent: T. Velraj, PD/PIU & CPIO present through video-conference.

The CPIO while placing reliance on his written submission dated 25.05.2023 apprised the Commission as under -

"....Shri. J.Jeevin, 19/23A, Theruvilai, Thodukulam, Kanjiracode post, Kanniyakumari District, Tamil Nadu has filed Online RTI application vide Registration No. NHAIN/R/E /22/00044/1. dated - 06.01.2022. The above application was initially received by the Project Director, Project Implementation Unit,Madurai on 13.01.2022. Subsequently the Project Director, Project Implementation Unit, Madurai, in Lr No. NHAUPIU/MDU/RTI/2022/295, dated 28.01.2022 has inadvertently transferred the RTI Application of Shri. J.Jeevin to the Central Public Information Officer/ Project Director, Project Implementation Unit, Nagercoil, under section of 6(3) of RTI Act, 2005 on the pretext that the subject pertains to the Project Implementation Unit, Nagercoil. The above application was received in this office on 02.02.2022.

A harmonious perusal of the RTI application revealed that the applicant had sought for various information and series of certified copies of multifarious records relating to the stretch Kanniyakumari to Kaliyakkavilai Highway (NH-

47). As the above stretch comes under the purview of Divisional Engineer. National Highways. Nagercoil i.e., Highways Department of Government of Tamil Nadu, the RTI application was transferred to the Public Information Officer/ Divisional Engineer, National Highways, Nagercoil under Section 6(3) of the RTI Act in this office Lr No. NHAUPIUMGL/Online RTI/2022/240, dated - 05.02.2022 under intimation to the applicant. It is submitted that transfer of the application was made within three days i.e., within the time limit prescribed in Sub-section 3 of Section 6 of the Act.

Subsequently, this Appellant had preferred Online First Appeal before the Regional Officer. NHAI, Madurai, aggrieved that no information was provided to him in this regard. Further, as the subject matter involved in the RTI Application was connected with the functions of another State Government Public Authority Le., Divisional Engineer, National Highways, Nagercoil, and the application was transferred to that Public Authority within the time limit prescribed in Sub-section 4 3 of Section 6 of the RTI Act, and the applicant was simultaneously informed of such transfer, the Appellant ought to have approached the appropriate First Appellate Authority of National Highways Department, of Government of Tamil Nadu.

In this context it is pertinent to submit here that Section 19 (1) of the RTI Act provides that "Any person who, does not receive a decision within the time specified in sub-section 11) or clause (a) of sub-section 3 of Section 7 or is aggrieved by a decision of Central Public Information Officer or State Public Information Officer, as the case may be. may prefer an Appeal to such Officer who is senior in rank to the Central Public Information Officer, or State Public Information as the case may be. in each Public Authority. It is humbly submitted that when an application made under the RTI Act, to a public authority requesting for certain information which is held by another public authority and the same has been subsequently transferred to the Public authority concerned in terms of Section 6(3) of the Act, that Public authority who received the application in transition is bound to provide requisite information directly to the applicant. Hence, the appeal preferred by Shri. J.jeevin to the Regional Officer. NHAI, madurai was not maintainable. However, the above appeal was disposed off by the Regional Officer, NMI, Madurai, on the ground that the RTI application was already transferred to the Divisional Engineer, National Highways. Nagercoil.

Whereas, concealing all the aforesaid facts, the Appellant has preferred this frivolous Second Appeal before the Central Information Commission whimsically to cause wastage to Public resources. The information sought for by the Appellant is not held by or under the control of this Public Authority i.e., Project Director, Project Implementation Unit. Nagercoil. Under the above facts and circumstances, it is humbly submitted that the Hon'ble Central Information Commission may be pleased to accept the Written Submission made by the Project Director. Project Implementation Unit, Nagercoil and Central Public Information Officer. As there is no valid grounds of appeal and no justification on the part of the Appellant in preferring this Second Appeal before the Central Information Commission, all submissions made by the Appellant may be rejected on devoid of merits, and the Appeal may be disallowed...."

Decision At the outset, the Commission upon a close scrutiny of records observes that concededly the Complainant has sought for various information and series of certified copies of multifarious records relating to the stretch Kanniyakumari to Kaliyakkavilai Highway (NH-47). As brought out by the CPIO in the preceding 5 paragraphs , the above stretch comes under the purview of Divisional Engineer. National Highways. Nagercoil i.e., Highways Department of Government of Tamil Nadu, and very appropriately the CPIO had transferred the RTI application to the Public Information Officer/ Divisional Engineer, National Highways, Nagercoil under Section 6(3) of the RTI Act through Online 05.02.2022 under intimation to the applicant.

In this regard, the Commission finds no infirmity in the reply and as a sequel to it further submissions tendered by the CPIO during hearing as the same were found to be in consonance with the provisions of RTI Act.

In view of the above, no further action is warranted in the matter.

However, the Complainant is advised to approach the concerned State Government authorities for further clarifications in the matter.

The Complaint is disposed of accordingly.

Saroj Punhani (सरोज पुनहािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date 6

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