Central Information Commission
Goutam Saren vs National Test House on 17 August, 2022
CIC/NTSTH/A/2021/625403
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा/ Second Appeal No. CIC/NTSTH/A/2021/625403
In the matter of:
Goutam Saren ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
National Test House
(ER), Block-CP, Sector V,
Salt Lake, Kolkata -700091
Relevant dates emerging from the appeal:
RTI Application filed on : 14.12.2020
CPIO replied on : 30.01.2021
First Appeal filed on : 08.02.2021
First Appellate Authority order : Not on Record
Second Appeal received on : 21.06.2021
Date of Hearing : 17.08.2022
The following were present:
Appellant: Absent (despite being served the hearing notice)
Respondent: Shri Anil Pandey, CPIO & Scientist-B, participated in the
hearing through audio conferencing upon being contacted on his telephone.
Page 1 of 7
CIC/NTSTH/A/2021/625403
ORDER
Information sought:
The Appellant filed an online RTI Application dated 14.12.2020 seeking information as under:
"Provide description of entire procedure of allocation of sample for testing to respective Scientist/Scientific Officer/Scientific Assistant by Laboratory InCharge of Civil Engineering Laboratory in National Test House (ER)."
The CPIO vide online reply dated 30.01.2021, informed to the Appellant as under:
"The information as received from the competent authority is that the procedure for allocation of sample for testing is available in Quality Manual No NTH/HQ/QM."
Being dissatisfied, the appellant filed a First Appeal dated 08.02.2021, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent. He also requested the bench to award Compensation.
Submissions made by Appellant and Respondent during Hearing:
At the outset, the Commission observes that the First Appeal has been filed on 08.02.2021 and instant Second Appeal has been filed on 21.06.2021, i.e., after more than 4 months from the date of filing the First Appeal.Page 2 of 7
CIC/NTSTH/A/2021/625403 A Written submission has been received by the Commission from Debashis Bhattacharya, Appellate Authority & Scientist-in-Charge, National Test House (NWR), Vide letter dated 14.08.2022, Wherein the Commission has been apprised as under:Page 3 of 7
CIC/NTSTH/A/2021/625403 Page 4 of 7 CIC/NTSTH/A/2021/625403 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the instant Second Appeal has been filed after a delay of 44 days from the stipulated time-frame as per the provisions of RTI Act and further no Application for Condonation of Delay is on the record. Hence, the Commission dismisses the instant appeal as a time-barred Second Appeal.Page 5 of 7
CIC/NTSTH/A/2021/625403 With the above observations, the instant Second Appeal is dismissed Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands dismissed.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) िदनां क / Date: 17.08.2022 Authenticated true copy (अिभ मािणत स ािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 6 of 7 CIC/NTSTH/A/2021/625403 Addresses of the parties:
1. The First Appellate Authority (FAA) National Test House (HQ) Block-CP, Sector V, Salt Lake, Kolkata -700091
2. The Central Public Information Officer National Test House (ER), Block-CP, Sector V, Salt Lake, Kolkata -700091
3. Mr. Goutam Saren Page 7 of 7