Central Information Commission
Niranjan Mishra vs Ministry Of Power on 27 February, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/POWER/A/2023/107159
Niranjan Mishra .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Ministry of Power, Shram
Shakti Bhawan, Rafi Marg,
New Delhi - 110001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 20-02-2024
Date of Decision : 27-02-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 17-01-2022
CPIO replied on : 04-02-2022
First appeal filed on : 05-03-2022
First Appellate Authority's order : 06-04-2022
2nd Appeal/Complaint dated : 01-12-2022
Information sought:
The Appellant filed an RTI application dated 17.01.2022 seeking the following information:
"In the matter of RGGVY (DDUGJY) of Kandhamal District State of Odisha awarded to Odisha Small Industries Corporation Ltd. (OSIC Ltd) State PSU.
Copy of the Draft/Proposal/Letter issued from NTPC for preparing the D.O. No. 43/143)/2019 RE dated 24.04.2020 of Ministry of State (IC) for Power and New & 1 Renewal Energy and Minister of State in the Ministry of Skill development and Entrepreneurship, Govt. of India on the matter of RGGVY (DDUGVY) work executed by Odisha Small Industries Corporation Ltd.(OSIC)- (Govt. of Odisha Undertaking) in the Kandhamal District of Odisha State."
The CPIO furnished a reply to the Appellant on 04.02.2022 stating as under:
"In this connection, it is informed that the information in the matter of RGGVY(DDUGJY) of Kandhamal District State of Odisha awarded to Odisha Small Industries Corporation Ltd (OSIC Ltd) State PSU is not available with this division and may be available with REC, being the nodal agency for the implementation of erstwhile RGGVY Accordingly your RTI Application is being transferred to Rural Electrification Corporation Ltd (REC) for providing the information under section 6/3) of the RTI Act 2005 directly to the Applicant."
Being dissatisfied, the appellant filed a First Appeal dated 05.03.2022. The FAA vide its order dated 06.04.2022, held as under:
"2. I have examined the records in the matter and found that the CPIO vide letter dated 04th February, 2022 had informed you that information in the matter of RGGVY (DDUGJY) of Kandhamal District State of Odisha awarded to Odisha Small Industries Corporation Ltd. (OSIC Ltd.) State PSU is not available with this Division and may be available with the REC, being the nodal agency for the implementation of erstwhile RGGVY. Accordingly, your RTI application was transferred to PIO/Nodal officer, Rural Electrification Corporation Ltd. (REC), which is a separate public Authority under RTI Act, 2005 and the same has also been informed by the CPIO. A copy of RTI reply is again attached for ready reference.
3. However, by way of instant appeal, you have stated that the requisite information is awaited in the matter. In this regard, it is clarified that the transfer of RTI application so effected, all action on the part of this office stands completed and any grievance relating to supply of information by the transferee public authority, is therefore, not maintainable to this office.
4. Based on the reasons cited above, no further action is called for on your RTI application and the same is accordingly disposed off."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Absent.2
Both the parties remained absent despite being served the hearing notice.
Interim Decision:
At the outset, the Commission observes that the Respondent has neither appeared before the Commission nor has informed the Commission regarding the reason for his/her absence. Thus, the Commission takes grave exception to the absence of the CPIO during the hearing despite being served the hearing notice and he/she is admonished for the same. Further, the Commission observes that the CPIO, Ministry of Power, vide letter dated 04.02.2022 has transferred the instant RTI Application to Rural Electrification Corporation Ltd (REC) and there is no representation from the office of Rural Electrification Corporation Ltd (REC) and further in the absence of the Appellant, the Commission is not in position to unravel the factum whether the Appellant has received the requisite information as sought in the instant RTI Application or not. Hence, the Commission finds it pertinent to re- schedule the instant matter. The Registry of this Bench is directed to issue a fresh hearing notice to the Appellant and as well as the CPIO, Rural Electrification Corporation Ltd (REC), and re-schedule the instant matter. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands adjourned.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 27-02-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date 3 4