Central Information Commission
Kokkadan Pylan Johny vs East Coast Railway (Bhubaneswar) on 15 October, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/ECRBH/A/2023/130250
CIC/ECRBH/A/2023/143692
Kokkadan Pylan Johny .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Office of the Chief Admn.
Officer/Construction, East
Coast Railway, Rail Sadan,
Chandrashekharpur, Bhubaneswar - 751017 ....प्रनर्वािीगण /Respondent
Date of Hearing : 03.10.2024
Date of Decision : 14.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 22.04.2023
CPIO replied on : 08.05.2023
First appeal filed on : 16.05.2023, 17.05.2023
First Appellate Authority's order : 01.06.2023
2nd Appeal/Complaint dated : 04.07.2023, 18.10.2023
The above-mentioned Second Appeals are clubbed together as the subject-
matter is similar in nature and hence are being disposed of through a
common order.
Page 1 of 12
1. CIC/ECRBH/A/2023/130250
Information sought:
The Appellant filed an RTI application dated 22.04.2023 seeking the following information:
"Particulars of Information Required: Information of contract details on Contract on Jeypore - Malkangiri New line project: FINAL LOCATION SURVEY for proposed alignment including conducting Geotechincal investigation, preparation & submission of GADs of major bridges, ROBS/RUBS/LHSs, Tunnels, preparation and submission of detailed structural design and working/ construction drawing of foundation & sub-structure of major bridges, Preparation and submission of yard plan, preparation and submission of land acquisition proposal papers etec from km.30 to km.58 ie between the proposed new station Boipariguda (Exculding)- Tanginiguda (including) Nunkhari (including) -Sindhigurha (Excluding );CA No:31/DCE/CON/KRPU/ECOR/FLS/KM 30-58/2019 dated 11-06-2019 Sl. Details Reply No. 1 Subject Matter of Information Contract details on furnished above. Contract Agreement 2 The Period to which Information From July 2018 to till date Relates 3 Description of information Contract matters on above Required contract and adjacent contracts.
4 Weather Information is required By Post in person or by Post 5 Particulars of fees Paid DD No; 714610 for Rs 50/ enclosed herewith towards Fees and DD for Rs 100 towards Zeroxe cost.
6 Weather below poverty line No lam the Managing Partner of Aerial Data Applications & Mapping Services and we are executing the above Contract work. Hence the below information may be provided under RTI Act.
1) Aerial Data Applications & Mapping Services has requested Deputy Chief Engineer/ Construction/ Koraput& Vizag, East Coast Railway, Camp Page 2 of 12 Office at DRM office compound, DONDAPARTI, VISAKLHAPATINAM-24, Andhra Pradesh -530015 vide letter dated ADA&MS/ JEYPOREE -
MALKANGIRI KM 30 to 58/2019/2 dated 28-11-2022 to sent the passed Bill copies of on account Bill No:1 to 5. It was requested to recover the stipulated amount from Contract bills/account. it was also requested to sent the Account passed bill copies by Mail also as it was urgent to us to pay the correct GST charges. As the bill copies are not sent we have reminded vide letter dated 13-12-20122
a) Please furnish the receipt date of above letters dated 28-11-2022 and 13-12-2022 in DYCE office. Also please say whether this letter is entered in the Inward Register.
b) Please furnish the circumstances/reason under which the CC1 to CC5 Account passed Bill copies are not sent to Aerial Data Applications & Mapping Services.
C) Please sent Account passed Bill copies for CCI to CCV. (Required amount for copying is enclosed along with this application).
2) Aerial Data Applications & Mapping Services vide their letter No:
ADA&MS/ JEYPOREE MALKANGIRI KM 30 to 58/2019/2 dated 29-11- 2022 requested DYCE for a work done Certificate This letter copy is enclosed herewith for ready reference as Annexure - A.
a) Please furnish the receipt date of above letter dated 29-11-2022 in DYCE office.
b) Please furnish the reason/circumstances under which the Work done certificate is not sent to Aerial Data Applications & Mapping Services.
c) Please enclose a work done certificate similar to as enclosed in Annexure A or any other format deemed fit to establish the work done amount by Aerial Data Applications & Mapping Services on the above Agreement
3) Extension to this contract beyond original currency of 27-03 2019 was accorded many times by DYCE..
a) Please enclose copy of all the extension letters and copy of Subsidiary/Rider Agreements for extension of currency.
4) a) Please furnish the Total Amount paid on this Contract to Aerial Data Applications & Mapping Services.
b) Please furnish the Amount yet to be paid to the Contractor on this Agreement.
5) Please furnish the Percentage of GST proposed to be recovered on each Bill, starting from CCI to last CC 5.Page 3 of 12
6) Please furnish a copy of the last approved Variation statement of this Contract.
7) a) Aerial Data Applications & Mapping Services was executing the FLS from 30-58KM. Please furnish the adjacent Reach FLS Contractors names.
b) It is understood that the FLS Contract 0-38 was prematurely closed. Is it is correct?. Please furnish the Agreement value; Executed Final Value and reason for closing the Contract on the adjacent reach ending Kvi 38.
c) What is the Agreement value of the adjacent FLS Contract from 58-
92KM. How many extensions and from when to when extensions were awarded to this Contractor. When the currency of contract of this Reach lapsed may be furnished and circumstances for not extending the Contract/not terminating the Contract also may be furnished.
8) a) Please furnish copy of immovable property returns filed by Sri. B.B.Moharana, DYCE/Con/I/Koraput for the Financial Year 2020-2021. This information is required as we intent to lodge a complaint with CVC.
b) Please furnish information/details weather Sri. B.B.Moharana, DYCE/Con/I/Koraput was involved in any Vigilance case or DAR case and if so weather Sri. B.B.Moharana was punished and if so what is the punishment imposed on him."
The CPIO furnished a reply to the Appellant on 08.05.2023 stating as under:
"This is to bring to your notice that multiple quarries in a single application is not authorised. It is requested that one or one set of querries be asked through single application.
It is observed that information for various matters related to one contract have been asked on behalf of the agency that executed the contract. The RTI Act gives the right to information only to the citizens of India. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities/persons, but not citizens.
This is also to convey that personal information of employee cannot be supplied as this would cause unwarranted invasion of the privacy of the individual vide section 8(1)(j) of RTI Act-2005.Page 4 of 12
In case you are still not satisfied with the information furnished, you may prefer an appeal to the 1st Appellate Authority and Chief Engineer/Con- I/BBS, 2nd Floor, North Block, Rail Sadan, East Coast Railway, Bhubaneswar-751017 within a period of 30 days from the date of the receipt of this letter under Section 19 of RTI Act' 2005."
Being dissatisfied, the appellant filed a First Appeal dated 16.05.2023. The FAA vide its order dated 01.06.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
2. CIC/ECRBH/A/2023/143692 Information sought:
The Appellant filed an RTI application dated 22.04.2023 seeking the following information:
"Particulars of Information Required: Information of contract details on Contract on Jeypore - Malkangiri New line project: FINAL LOCATION SURVEY for proposed alignment including conducting Geotechincal investigation, preparation & submission of GADs of major bridges, ROBS/RUBS/LHSs, Tunnels, preparation and submission of detailed structural design and working/ construction drawing of foundation & sub-structure of major bridges, Preparation and submission of yard plan, preparation and submission of land acquisition proposal papers etec from km.30 to km.58 ie between the proposed new station Boipariguda (Exculding)- Tanginiguda (including) Nunkhari (including) -Sindhigurha (Excluding );CA No:31/DCE/CON/KRPU/ECOR/FLS/KM 30-58/2019 dated 11-06-2019 Sl. Details Reply No. 1 Subject Matter of Information Contract details on furnished above. Contract Agreement 2 The Period to which Information From July 2018 to till date Relates 3 Description of information Contract matters on above Required contract and adjacent contracts.
4 Weather Information is required By Post Page 5 of 12 in person or by Post 5 Particulars of fees Paid DD No; 714610 for Rs 50/ enclosed herewith towards Fees and DD for Rs 100 towards Zeroxe cost.
6 Weather below poverty line No lam the Managing Partner of Aerial Data Applications & Mapping Services and we are executing the above Contract work. Hence the below information may be provided under RTI Act.
1) Aerial Data Applications & Mapping Services has requested Deputy Chief Engineer/ Construction/ Koraput& Vizag, East Coast Railway, Camp Office at DRM office compound, DONDAPARTI, VISAKLHAPATINAM-24, Andhra Pradesh -530015 vide letter dated ADA&MS/ JEYPOREE -
MALKANGIRI KM 30 to 58/2019/2 dated 28-11-2022 to sent the passed Bill copies of on account Bill No:1 to 5. It was requested to recover the stipulated amount from Contract bills/account. it was also requested to sent the Account passed bill copies by Mail also as it was urgent to us to pay the correct GST charges. As the bill copies are not sent we have reminded vide letter dated 13-12-20122
a) Please furnish the receipt date of above letters dated 28-11-2022 and 13-12-2022 in DYCE office. Also please say whether this letter is entered in the Inward Register.
b) Please furnish the circumstances/reason under which the CC1 to CC5 Account passed Bill copies are not sent to Aerial Data Applications & Mapping Services.
C) Please sent Account passed Bill copies for CCI to CCV. (Required amount for copying is enclosed along with this application).
2) Aerial Data Applications & Mapping Services vide their letter No:
ADA&MS/ JEYPOREE MALKANGIRI KM 30 to 58/2019/2 dated 29-11- 2022 requested DYCE for a work done Certificate This letter copy is enclosed herewith for ready reference as Annexure - A.
a) Please furnish the receipt date of above letter dated 29-11-2022 in DYCE office.
b) Please furnish the reason/circumstances under which the Work done certificate is not sent to Aerial Data Applications & Mapping Services.
c) Please enclose a work done certificate similar to as enclosed in Annexure A or any other format deemed fit to establish the work done amount by Aerial Data Applications & Mapping Services on the above Agreement Page 6 of 12
3) Extension to this contract beyond original currency of 27-03 2019 was accorded many times by DYCE..
a) Please enclose copy of all the extension letters and copy of Subsidiary/Rider Agreements for extension of currency.
4) a) Please furnish the Total Amount paid on this Contract to Aerial Data Applications & Mapping Services.
b) Please furnish the Amount yet to be paid to the Contractor on this Agreement.
5) Please furnish the Percentage of GST proposed to be recovered on each Bill, starting from CCI to last CC 5.
6) Please furnish a copy of the last approved Variation statement of this Contract.
7) a) Aerial Data Applications & Mapping Services was executing the FLS from 30-58KM. Please furnish the adjacent Reach FLS Contractors names.
b) It is understood that the FLS Contract 0-38 was prematurely closed. Is it is correct?. Please furnish the Agreement value; Executed Final Value and reason for closing the Contract on the adjacent reach ending Kvi 38.
c) What is the Agreement value of the adjacent FLS Contract from 58-
92KM. How many extensions and from when to when extensions were awarded to this Contractor. When the currency of contract of this Reach lapsed may be furnished and circumstances for not extending the Contract/not terminating the Contract also may be furnished.
8) a) Please furnish copy of immovable property returns filed by Sri. B.B.Moharana, DYCE/Con/I/Koraput for the Financial Year 2020-2021. This information is required as we intent to lodge a complaint with CVC.
b) Please furnish information/details weather Sri. B.B.Moharana, DYCE/Con/I/Koraput was involved in any Vigilance case or DAR case and if so weather Sri. B.B.Moharana was punished and if so what is the punishment imposed on him."
The CPIO furnished a reply to the Appellant on 08.05.2023 stating as under:
"This is to bring to your notice that multiple quarries in a single application is not authorised. It is requested that one or one set of querries be asked through single application.Page 7 of 12
It is observed that information for various matters related to one contract have been asked on behalf of the agency that executed the contract. The RTI Act gives the right to information only to the citizens of India. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities/persons, but not citizens.
This is also to convey that personal information of employee cannot be supplied as this would cause unwarranted invasion of the privacy of the individual vide section 8(1)(j) of RTI Act-2005.
In case you are still not satisfied with the information furnished, you may prefer an appeal to the 1st Appellate Authority and Chief Engineer/Con- I/BBS, 2nd Floor, North Block, Rail Sadan, East Coast Railway, Bhubaneswar-751017 within a period of 30 days from the date of the receipt of this letter under Section 19 of RTI Act' 2005."
Being dissatisfied, the appellant filed a First Appeal dated 17.05.2023. The FAA vide its order dated 01.06.2023, upheld the reply of CPIO.
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 Girish Kumar Rao, PIO-cum-Deputy Chief Engineer, attended the hearing through VC.
The Appellant did not participate in the hearing despite being served the hearing notice.
The Respondent submitted that the Appellant has sought information on behalf of the agency that executed the contract. The RTI Act gives the Right to Information only to the citizens of India and it does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities/persons, but not citizens.
He further submitted that the Appellant is seeking multiple queries in one RTI Application which is extremely cumbersome. Further the Appellant is seeking Page 8 of 12 personal information of employees which cannot be supplied as this would cause unwarranted invasion of the privacy of an individual and thus is exempted under Section 8 (1) (j) of RTI Act, 2005.
A copy of written submission has been received from the Appellant, vide letter dated 24.09.2024, a copy of which has been sent to the Respondent and the same has been taken on record. The relevant extract of the same is as below:
"The requested documents such as passed bill copies and work done certificate are the Contract documents. Other information sought also pertaining to Applicant contracts only.
The contract is between AERIAL DATA APPLICATIONS & MAPPING SERVICES and CAO/East Coast Railway.
Kokkadan Pylan Johny, is the Managing Partner of Aerial Data applications & Mapping Services, who has tendered the work and signed the Contract on behalf of the of the Firm and hence requested for the Contract documents and information related to his own contract.
Railway did not reply to the applicant request/reminders for these documents during the contract period.
Claimant filed Application for securing copy of these documents and information on the contract through RTI dated 22-04-2023; PIO denied these documents and information sought stating that information will not be parted to companies; Associations etc and will be parted to Indian Citizens. Hence rejection of information considering the applicant as a Non-Citizen is erroneous and PIO has completely twisted the matter. This decision of the PIO is agreed by the Appellant authority and not parted with the documents, nor information.
If these documents are placed in Arbitration (which is in progress), Applicant can easily prove his claim that Contract is Terminated illegall, get the Final bill amount of Rs 18 lakhs; SD of 6 Lakhs an; PG amount which is irregularly withheld by Railway/forfeited by Railway.
Aerial Data Applications & Mapping Services is a family concern, and this withheld amount will greatly help for the Applicants CANCER Treatment Against the above illegal orders, Applicant approached CIC vide application: ADA&MS/ JEYPOREE MALKANGIRI KM 30 to 58/2019 dated 04-07-2023. Hence CIC is prayed to pass the orders to issue the accounts passed 4 bill copies and issue work done certificate and also pass orders to spare the information sought which are permissible under RTI Act. and also impose appropriate penalty/punishment on the erring Railway Officers who refused to part with the contract documents to the contractor who is grievously sick"Page 9 of 12
A written submission has been received from Shri GK Rao, PIO-cum-Deputy Chief Engineer, vide letter dated 26.09.2024, a copy of which has been sent to the Appellant/Complainant and the same has been taken on record. The relevant extract of the same is as under:
"The RTI applicant, sought information on 08 points (total 16 including sub points) on different subject matters vide RTI application at ref-(v). Reply to the applicant was given elucidating the ground on which information was denied vide ref- (iv). The appeal filed by the applicant with the first Appellate Authority was rejected by the FAA as the FAA agreed with the grounds on which information was denied to the applicant.
It was pointed out to the applicant that RTI Act gives right to information to citizens of India, not to Corporations, Associations, Companies etc. which are legal entities/persons but not citizens (items 16 of Govt. of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training Office Memorandum Guide on the Right to Information Act, 2005 dated 28.11.2013). The applicant declared in the application itself that he was the Managing Partner of Aerial Data Applications & Mappling Services & that they are executing the contract work regarding which information were sought. Also, it is quite apparent that all the queries were sought by or on behalf of the Agency executing the contract work for Railway.
Also, the applicant had multiple queries in a single application. He had number of queries on a railway contract work and also asked for personal information of railway officer involved in the said work. The applicant was informed vide ref-(iv) that multiple queries in a single application is not authorised (Hon'ble CIC decision in the case of Shri Rajendra Singh Vs. CBI, case No. CIC/WB/C/2007/00967 dated 19.06.2009).
Further, regarding information sought on vigilance case/disciplinary proceedings/punishment etc. on railway Dy. Chief Engineer/Con/I/Koraput, vide item 8 of RTI application at ref-(v), it was replied to the applicant that such information comes under the purview of personal information which are exempt from disclosure under section 8(1)(j) of the RTI Act vide CIC/ALMUV/A/2022/668536 date of decision on 30.06.2023. Aslo "the performance of an employee/Officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression 'personal information', the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual."
Moreover, as observed in the item no. 8 of the RTI application, the applicant had mentioned that he had sought for personal information of Dy. Chief Engineer/Con/I/Koraput in order to lodge complain with CVC. It appear that the applicant, Managing Partner of a company executing Railway work, is having Page 10 of 12 contractual issues with Railway regarding work executed by the company. Using RTI Act to sort out contractual issues & open display intention to complain to CVC, amounts to pressurise the railway servant. This implies that there is no involvement of public interest in the RTI application."
Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that the Respondent contention to withhold the information by stating that the Appellant is not a citizen is erroneous and this kind of approach of PIO is not appreciated and he is admonished for the same. The Respondent is reminded of the fact that the Appellant is the Managing Partner of Aerial Data applications & Mapping Services, who has tendered the work and signed the Contract on behalf of the firm and had requested the documents and related information of his own contract. Further the Appellant vide his written submission dated 24.09.2024 has specified the information/documents such as passed bill copies and work done certificate as sought in point No. 1 and 2 of the RTI Application. Therefore, the PIO is directed to furnish a revised reply by supplying the relevant information pertaining to passed bill copies and work done certificate, to the Appellant, free of cost, within three weeks of receipt of this order. If the Respondent requires assistance from any other office/officer for compliance with the above directions, the same shall be sought by invoking Section 5(4) of RTI Act. The First Appellate Authority to ensure compliance of the directions The appeals are disposed of accordingly.
Sd/-
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Page 11 of 12 Copy To:
The FAA, Office of the Chief Admn.
Officer/Construction, East Coast Railway, Rail Sadan, Chandrashekharpur, Bhubaneswar - 751017 Page 12 of 12 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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