Central Information Commission
Aditya Kumar Tanwar vs Gnctd on 5 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/GNCTD/A/2023/116137
Aditya Kumar Tanwar .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Office of the District
Magistrate, New Delhi
District, 12/1, Jam Nagar
House, Shahjahan Road,
New Delhi - 110011 ....प्रनर्वािीगण /Respondent
Date of Hearing : 03.07.2024
Date of Decision : 05.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12.12.2022
CPIO replied on : 30.12.2022
First appeal filed on : 10.02.2023
First Appellate Authority's order : 02.03.2023
2nd Appeal/Complaint dated : 06.04.2023
Information sought:
The Appellant filed an RTI application dated 12.012.2022 seeking the following information:Page 1 of 4
"1. I am citizen of India. I would like to inspect all the documents related to GeM Tender ID GEM/2022/B/2618740 Dated 08/10/2022. (Computerized Measurement Book, abstract of cost, bills, Work Order, Completion Certificate, Agreement, all letter for communication with Agency/contractor, show cause notice (if any), all related photographs enclosed, list of chat pooja sites 2022 and Payment related documents to contractor).
2. To best of my knowledge, the above desired information does not relate to Section 8 & 9 of the RTI Act, 2005, which are exempted from disclosure."
The CPIO furnished a reply to the Appellant on 30.12.2022 stating as under:
"A visit can be made on any working day between 11 A.M to 1 P.M."
Being dissatisfied, the appellant filed a First Appeal dated 10.02.2023. The FAA vide its order dated 02.03.2023, held as under:-
"Notice for hearing was issued to the concerned on 28.02.2023 the matter was taken up for hearing wherein the appellant was present and Sh. Parmod Kumar, PIO/ SDM (HQ) was present.
The documents placed on record were perused. During the course of hearing, appellant informed that file was inspected, and 117 pages were selected for copy but documents were not received so far. PIO/SDM (HQ) is directed to provide relevant documents as inspected by the appellant within 10 days."
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: Shri Ravi Madan, APIO, appeared in person The respondent while defending their case inter alia submitted that the appellant wanted to inspect all documents related to GeM Tender ID GEM/2022/B/2618740 dated 08.10.2022. (Computerized Measurement Book, Abstract of cost bills, Work Order, Completion Certificate, Agreement, All letter for communication with Agency/contractor, Show cause notice (if any), all Page 2 of 4 related photographs enclosed, list of chhat pooja sites 2022 and Payment related documents to contractor.
The respondent further submitted that they vide letter dated 30.12.2022 offered inspection of record relating to the queries raised in the above RTI application on any working day between 11 AM to 01 PM. Thereafter, the appellant had inspected the file, identified 117 pages of document and requested to provide the certified copy of said pages under the RTI Act. They stated that after perusal of above 117 pages, it was observed by the department that the information/ copy identified by the appellant were included third party information i.e. PAN Card, GST Number, Proprietorship details of Bidders who participated in above GEM Tender Id. GEM/2022/B/2618740. Therefore, they expressed their inability to provide the information and the same was communicated to the appellant on 12.01.2023.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, noted that the respondent has initially offered the inspection of records relating to the documents sought by the appellant in his RTI application, after inspection 117 pages of documents were selected by the appellant which were denied on the ground of third-party information. It is noted that the CPIO has not complied with the order dated 02.03.2023 passed by the FAA for providing copies of the documents selected by him after inspection of records. Assuming that part of the information was third party information, the CPIO would have provided the information after redacting the exempted information, if any, with proper justification. However, the respondent has failed to do so. The respondent even during hearing failed to explain as to why the FAA's order was not complied with by the CPIO in letter and spirit of the provisions of the RTI Act. In view of the above lapses, Shri Prateek Raj, PIO/SDM CTB, New Delhi is cautioned to be careful in future while replying dealing with the RTI application.
Further, the respondent is directed to comply with the FAA's order dated
02.03.2023 in totality and provide the information/documents free of cost after redacting personal information of third party i.e. PAN Card, Page 3 of 4 proprietorship details, against proper justification, within three weeks from the date of receipt of this order.
The FAA to ensure compliance with this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Office of the Additional District Magistrate, New Delhi District, 12/1, Jam Nagar House, Shahjahan Road, New Delhi - 110011 Shri Aditya Kumar Tanwar WZ-840, Naraina Village, New Delhi-110028 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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