Central Information Commission
Niranjan Mishra vs National Thermal Power Corporation ... on 30 November, 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/NTPCO/A/2022/118609
Niranjan Mishra ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
National Thermal Power
Corporation Limited, RTI Cell,
Engineering Office Complex,
R&D Building, Room No. 25,
Sector-24, Noida, Uttar Pradesh-201301 .... ितवादीगण /Respondent
Date of Hearing : 30/11/2022
Date of Decision : 30/11/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 17/01/2022
CPIO replied on : 22/02/2022
First appeal filed on : 05/03/2022
First Appellate Authority order : 17/03/2022
2nd Appeal/Complaint dated : 15/04/2022
Information sought:
The Appellant filed an RTI application dated 17.01.2022 seeking the following information for the period ranging from 2015 to 2021-
"Note/Draft/Proposal/Approval put up for Ministry of Power. Govt. of India regarding in the matter of RGGVY (DDUGJY) of Kandhamal District, Odisha, 1 project in favors of Odisha Small Industries Corporation Ltd. (OW Ltd.) State PSU."
The CPIO replied to the appellant on 22.02.2022 stating as under:-
"No Note/Draft/Proposal/Approval was put up for Ministry of Power. Regarding MSME Department, GoI in the matter of RGGVY (DDUGJY) Project of Kandhamal District in Odisha in favor of Odisha Small Industries Corporation Ltd. (OSIC Ltd.) "
Being dissatisfied, the appellant filed a First Appeal dated 05.03.2022. FAA's order dated 17.03.2022 upheld the reply of CPIO. Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Along with Mr Naik present through video conference. Respondent: S Nandan, ADGM & CPIO present in person.
The Rep. of the Appellant stated that he is aggrieved with the fact that a copy of the draft Note/Draft/Proposal/Approval which was put up for approval before the Ministry of Power, GOI in the matter of RGGVY (DDUGJY) Project of Kandhamal District in Odisha in favour of Odisha Small Industries Corporation Ltd. has not been provided to him till date.
Upon a query from the Commission, the CPIO submitted that NTPC works as an implementing agency on behalf of Government of India for implementation of the scheme DDUGJY in Odisha. In Odisha, NTPC has contracted with 'Odisha Small Industries Corporation Ltd '(OSIC) for the execution of the scheme and due to unsatisfactory performance of OSIC in execution of the above scheme, their contract with OSIC was terminated and handed over to other third party contractor. As regards the information sought for in instant RTI Application, the CPIO forwarded the RTI Application to the concerned regional field office of NTPC from where they received the factual position regarding the non-availability of any such Note/Draft/Proposal/Approval. This position was also intimated to the Appellant.2
The Appellant interjected to contest that he has only sought for the communication/correspondence exchanged by NTPC with the Ministry of Power for getting any such approval regarding in the matter of RGGVY (DDUGJY) of Kandhamal District, Odisha, project in favour of Odisha Small Industries Corporation Ltd. (OW Ltd.) State PSU. In rebuttal to Appellant's contention, the CPIO apprised the Commission that the Appellant was one of the sub- contractors of OSIC who has sought the desired information in order to ventilate his grievance regarding termination of the contract, for which NTPC has no role to play as such.
Decision:
The Commission upon a perusal of records and after hearing submissions of both the parties at length finds no infirmity in the factual reply supplemented with further submission tendered by the CPIO during hearing, as it adequately suffices the information sought by the Appellant as per the provisions of RTI Act.
In view of the above, no further relief can be granted in the matter.
However, if the Appellant has any grievance, he may redress the same by filing a complaint/ representation through appropriate administrative mechanism.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) 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 / 3