Central Information Commission
Vijay Nijhawan vs National Council For Cement And ... on 8 August, 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/NCCBM/A/2022/100389 +
CIC/NCCBM/A/2022/100394
Vijay Nijhawan ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
National Council for Cement and Building
Materials, RTI Celt, 34 KM Stone,
Delhi-Mathura Road, NH-2, Ballabagarh,
Faridabad-121004, Haryana. .... ितवादीगण /Respondent
Date of Hearing : 27/07/2022
Date of Decision : 08/08/2022
INFORMATION COMMISSIONER : Saroj Punhani
Note - The above mentioned Appeals have been clubbed together for the sake
of brevity and decision as these are based on similar RTI Applications.
Relevant facts emerging from appeal:
RTI application filed on : 18/04/2021 & 18/04/2021
CPIO replied on : 24/06/2021 & 24/06/2021
First appeal filed on : 08/09/2021 & 08/09/2021
First Appellate Authority order : 07/10/2021 & 07/10/2021
2nd Appeal/Complaint dated : 23/12/2021 & 23/12/2021
1
CIC/NCCBM/A/2022/100389
Information sought:
The Appellant filed an RTI application dated 18.04.2021 seeking the following information pertaining to "Construction Technology and Management". In this regard, furnish the information:-
" 1. Details of all the Third Party Quality Assurance/Audit Studies, undertaken and its repeats for the Projects of Municipal Corporations of Delhi.
2. Brief details of the technology for Fly Ash based building products such as Bricks and Paver Blocks.
Kindly issue me the information and photocopies of all the documents pertaining to the above mentioned queries under the right to information act 2005."
The CPIO furnished a point wise reply to the appellant on 24.06.2021 stating as follows:-
"Point No. 1:- Such activity is undertaken with agreement between Municipal Corporation Department of Delhi and National Council for Cement and Building Material. The reports of such activity are the property of Municipal Corporation Department of Delhi. Providing such details to any other parties is violation of the agreement. You are requested to approach Municipal Corporations of Delhi directly.
Point No. 2:- National Council for Cement and Building Material does not have any separate technology for Fly Ash bricks & Paver Blocks. Production of such products and technology related to these are available at National level are covered in various Bl5 Standards. You are requested to approach BIS in this regard."
Being dissatisfied, the appellant filed a First Appeal dated 08.09.2021. FAA's order dated 07.10.2021 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal On the following grounds -
"...(a) I have applied the RTI application to the CPIO, NCCBM on 29.04.2027. CPIO did not issue me any information and the reply for the point no. 1 of my application is "such activity is undertaken with agreement between MCD of Delhi and NCCBM. The reports of such activity are the property of MC department of 2 Delhi. Providing such details to any other parties is violation of the agreement. You are requested to approach MC of Delhi directly. (b) I requested the CPIO on 22.07'.2021, to give me the details (Ref number and date of the report submitted by the NCCBM to MC of Delhi), reason there are three Municipal Corporations in Delhi. CPIO again refuse to issue me any information. (c) I applied my first appeal to the FAA on 14.09.2021. and FAA too, did not issue me any information...".
CIC/NCCBM/A/2022/100394 Information sought:
The Appellant filed an RTI application dated 18.04.2021 seeking information pertaining to a Limestone Consumption Factor (LCF) for Cement Plant. In this regard, furnished the following information:-
"1. Details of the all the LCF, studies carried out by your department, for all the Cement Plants in Chhattisgarh for the year 2000-01 to 2019-20. Kindly issue me the information and photocopies of all the documents pertaining to the above mentioned queries under the right to information act 2005."
The CPIO furnished a reply to the appellant on 24.06.2021 stating as follows:-
"Point No. 1:- M/s Ambuja Cement Eastern Ltd., Raipur- Year 2000-01 M/s UTCK (Rawan Cement Works) Chhattisgarh - Year 2015-16 M/s Emami Cement Limited -Year 2018-19 M/s UTCK (Rawan Cement Works), Chhattisgarh- Year 2018-19."
Being dissatisfied, the appellant filed a First Appeal dated 08.09.2021. FAA's order dated 07.10.2021 held as under:-
"Point No. 1:- The LCF studies are done on sponsor basis from individual plants and the reports has been submitted to the concern cement plants."
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal On the following grounds -
"...CPIO have given the details on which year the study was carried out and not the copy of the reports. I requested the CPIO on 22.07.2021 to issue me the copy of the report, which he did not.."3
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio-conference. Respondent: Sanjay Mundra, General Manager & CPIO present through intra- video/audio conference.
The Appellant restricted his arguments by seeking a limited relief for a copy of the study report on the ground that it was an activity carried out by NCCBM in terms of the agreement with the MCD and thus, the plea of the CPIO regarding non-availability of such records in unacceptable. He prayed the Commission to direct the CPIO to provide a copy of the relevant study report in response to the RTI Application in question.
The CPIO while reiterating the averred replies submitted that all the third party Quality Assurance and also LCF studies are carried out by their organisation in compliance with the MoU with the MCD and after completion of such studies; reports are handed over to the Municipal Corporation of Delhi in commercial confidence. Since, they do not keep records of such reports once handed over to the MCD coupled with the fact that the disclosure of study report may lead to breach of terms of their MoU , therefore, such information cannot be divulged to the Appellant and he was replied accordingly. Lastly, he added that even otherwise, the Appellant was advised to approach the MCD directly to get a copy of such reports. Thus, no additional information is left at their end.
Decision:
The Commission upon a perusal of records and after submissions of both the parties is of the considered view that there is no infirmity in the reply and subsequent clarifications tendered by the CPIO during hearing as the same was in consonance with the provisions of RTI Act. It can be gathered from the contents of CPIO's reply in case no. CIC/NCCBM/A/2022/100389 which is reproduced below in verbatim -
"Point No. 1:- Such activity is undertaken with agreement between Municipal Corporation Department of Delhi and National Council for 4 Cement and Building Material. The reports of such activity are the property of Municipal Corporation Department of Delhi. Providing such details to any other parties is violation of the agreement. You are requested to approach Municipal Corporations of Delhi directly.
Point No. 2:- National Council for Cement and Building Material does not have any separate technology for Fly Ash bricks & Paver Blocks. Production of such products and technology related to these are available at National level are covered in various Bl5 Standards. You are requested to approach BIS in this regard."
A bare perusal of aforesaid reply clarifies the version of CPIO that disclosure of study report would breach the terms of agreement between the Respondent public authority and MCD and hence, cannot be provided in terms of RTI Act.
Thus, the Commission does not find any merits in the matter and hereby advises the Appellant to approach the concerned authorities as suggested by the CPIO to get the further information.
The appeal (s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5