Central Information Commission
Mr.K Ramesh vs Ministry Of Railways on 30 July, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001395
Heard through Video Conference.
Date of Hearing : July 30, 2012
Date of Decision : July 30, 2012
Parties:
Applicant
Shri K Ramesh
Plot No. 39, First East Main Road
Anna Nagar
Madurai 625020.
Applicant was present.
Respondent(s)
Southern Railway
O/o the Dy.Chief Engineer
Gauge Conversion - 1
Tiruchchirappalli.
Representative : Shri C Kannan, Executive Engineer
Shri Anandram Sharma - Representative of 3rd party.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001395
July 30, 2012
ORDER
Background
1. The RTI Application dated 31.10.11 was filed by the Applicant with the PIO, Consturction, Southern Railway, Chennai seeking information related to the proposed construction of ROB in lieu of existing level crossing no.325 between Tiruchirapalli and Kumaramangalam stations including date of construction, reasons for delay, copy of extension letter submitted to the Public Authority etc.. The Applicant also sought the financial and physical progress of the work, name of the designer and stats of the design etc all against 8 points. The PIO replied on 30.11.11 enclosing the reply furnished by the Dy.Chief Engineer, Tiruchchirapalli vide his letter dated 12.11.11 providing point wise information. The Applicant then filed his first appeal on 3.12.11 seeking further clarification against points 3, 4, 7 and 8. On not receiving any response from the FAA the appellant filed his second appeal before the Commission.
Decision
2. During the hearing the Appellant sought information against point 3 in which he had requested for a copy of the extension letter submitted by the Contractor. The third party's representative who was present during the hearing informed the Commission that he has no objection to providing the same to the Appellant. The copy of the extension letter accordingly may be provided to the Appellant.
3. In point 4 the Appellant sought the name of the designer and status of the design. The Representative of the third party objected to providing the name of the designer to the Appellant. He pointed out that what matters is that the company has created the design and that the design was approved by the Competent Authority of the Railways. He pointed out that providing the name of the designer will affect the competitive position of his Company in the market as any rival company can tempt the designer with bigger offers of pay etc.
4. The Commission on careful consideration of the submission of the third party denies the name of the designer to the Appellant u/s8(1)(d) of the RTI Act and also because the disclosure of the same has no relation with any public activity or interest. As for second part of the point 4 in which the Appellant has sought status of the design it is noted that the design has been approved by the Competent authority and that the information has been intimated to the Appellant.
5. The Appellant then sought information against point 8 in which he sought the details furnished by the Contractor for the agreement. Since the First Appellate Authority has not disposed of the appeal and also since the Commission is not conversant of the agreement, the Commission remand the point 8 of the RTI Application to the first Appellate Authority with a direction that he may hold a hearing with the concerned parties and dispose off this particular matter and issue a speaking order by 30 th August 2012.
6. All information as directed to be provided by 30 August, 2012.
7. The appeal is disposed off with the above direction.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G Subramanian) Deputy Registrar
1. Shri K Ramesh Plot No. 39, First East Main Road Anna Nagar Madurai 625020.
2. The Public Information Officer Southern Railway O/o the Dy.Chief Engineer Gauge Conversion - 1 Tiruchchirappalli.
3. The Appellate Authority Southern Railway Chief Engineer/Survey & Road Bridges (Construction) Egmore Chennai - 600 008.
4. Officer In charge, NIC.