Central Information Commission
H S Chopra vs National Highways Authority Of India ... on 18 December, 2017
Central Information Commission
Room No.412, IV Floor, CIC Building, Baba Gang Nath Marg, Munirka, New Delhi-110067
website-cic.gov.in
Appeal No. CIC/NHAIN/A/2017/185082/MP
Appellant : Shri H.S. Chopra, Lucknow
Public Authority : National Highways Authority of India, Bhopal
Date of Hearing : December 11, 2017
Date of Decision : December 15, 2017
Present:
Appellant : Not present
Respondent : Shri Vivek Jaiswal, General Manager - through VC
RTI application : 18.07.2016
CPIO's reply : 08.08.2016
First appeal : 30.08.2016
FAA's Order : N.A.
Second appeal : 02.11.2016
ORDER
1. Shri H.S. Chopra, the appellant, while submitting the RTI application referred to a letter dated 17.02.2015 addressed to CGM(T) MP, NHAI, New Delhi sent by Shri Vishal Gupta, Regional Officer, NHAI, Bhopal seeking approval from HQ for Extension of Time (from 15.02.2012 to 31.03.2013) and financial implications after about 2 years of execution of the work. He sought copy of all documents and letters along with all correspondences internal & external/file notings/internal memos/TC files, action taken reports and copy of decision taken in context to the above said letter.
2. The CPIO intimated the appellant that the information sought related to M/s Data Technosys, a commercial institution and denied the information u/s 8(1)(j) of the RTI Act, 2005 and also intimated that no public interest was involved in the matter. Dissatisfied, the appellant approached the FAA. The FAA does not appear to have adjudicated in the matter. Aggreived, the appellant came in appeal before the Commission stating that the CPIO wrongly denied the information sought by him.
3. The matter was heard by the Commission. The appellant was not present in spite of notice of hearing having been sent to him.
4. The CPIO stated that the appellant in his RTI application dated 18.07.2016 sought copies of all correspondences, file noting, memos, action taken reports and copy of decision taken on a letter dated 17.02.2015 addressed to CGM(T) MP, NHAI, New Delhi. The then CPIO vide reply dated 08.08.2016 while denying the information sought u/s 8(1)(j) of the RTI Act, 2005 stated that the information sought related to a third party i.e. M/s Data Technosys and no larger public interest was involved in the matter. On receipt of the Commission's notice of hearing, the FAA went through the records carefully and found that the information sought was discloseable and provided the complete information to the appellant on 06.10.2017 including copies of note sheet, all correspondences, letters and action taken in the matter till date running in 47 pages free of cost through speed post. The appellant was not present to put forth his contentions, if any.
5. The Commission observes that initially on 08.08.2016 the then CPIO had denied the information sought to the appellant u/s 8(1)(j) of the RTI Act, 2005 but the FAA found that the information sought was dicloseable and provided the information sought containing 47 pages to the appellant on 06.10.2017 through speed post. The Commission, therefore, finds no need to intervene in the matter. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to:
Appellant Shri H.S. Chopra Flat No. 501, Gauri Apartment Meerabai Marg, Lucknow, UP-226001 The Central Public Information Officer National Highways Authority of India Regional Office E-2/167, Arera Colony Near Habibganj Station, Bhopal-462016 The First Appellate Authority National Highways Authority of India Regional Office E-2/167, Arera Colony Near Habibganj Station, Bhopal-462016