Central Information Commission
Mranirudh Malpani vs Steel Authority Of India Ltd. (Sail) on 4 May, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi110066
F. No.CIC/SS/A/2014/000218YA
Date of Hearing : 04.05.2016
Date of Decision : 04.05.2016
Appellant/Complainant : Shri Anirudh Malpani, Karnataka.
Respondent : Steel Authority of India Ltd. Salem
Through:
Shri T Gautaman, CPIO
Shri Ramsamy, Dealing Officer
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 15.10.2013.
PIO replied on : 11.11.2013.
First Appeal filed on : 30.11.2013.
First Appellate Order on : 13.12.2013.
2nd Appeal/complaint received on : 17.01.2014.
Information soughtand background of the case:
Vide RTI application dated 15.10.2013, the appellant sought delay analysis report approved by Committee of Salem Steel Plant in respect of Contract No. PUE782204/01 dated 25.09.2007 i.e. Civil Works for construction of Steel Melt Shop. Vide letter dated 11.11.2013; the CPIO denied the information u/s 8(1)(d) of RTI Act, 2005. The appellant filed an appeal on 30.11.2013. The FAA vide order dated 13.12.2013 upheld the decision of CPIO. Feeling aggrieved, the appellant approached the Commission.
Relevant facts emerging during hearing:
The appellant is absent despite notice. The respondent is present and heard. The CPIO apprises the Commission that the aforesaid work order was granted to one M/s Mycon Construction Ltd. He states that the work execution was delayed and as such SAIL got a delay analysis done by one M/s Dastur & Co. A perusal of the memorandum of appeal reveals that the appellant is acting on behalf of the said M/s Mycon Construction Ltd. and through the present RTI application; the appellant has sought a copy of the aforesaid delay analysis report. To summarize the contention of as put forth by the CPIO, following extract from reply dated 11.11.2013 is reproduced herein:
"Documents requested pertaining to Contract No:PUE782204/01 dt. 25.09.2007: Delay Analysis Report approved by Committee of Salem Steel Plant consisting of Members of SSP and Consultant M/s. Dastur & Co., formed to go into causes for extension of contract beyond original Contract period, based on which no liquidated damages were levied on Mycon Construction Ltd in Final Bill.
Reply: The delay analysis report contains several other information related to our modernisation and expansion project for establishment of steel melting facility and expansion of Cold Rolling Mill which are of commercial confidence in nature and hence, it cannot be disclosed under Section 8(1) d of the RTI Act.
In addition, no liquidated damages have been levied by Salem Steel Plant in the instant case as admitted by you. Hence, there is neither any reason nor justification in seeking this document by M/s MCC.
In view of the above, the delay analysis report sought by M/s MCC cannot be provided."
The views of appellant could not be ascertained.
Decision:
On the basis of factual matrix emerging from the averments of the parties, it transpires that due to delay in execution of the work contract in question, SAIL got examined the issue form an independent assessor. It is contended by the respondent that the aforesaid assessment was not limited to the delay assessment of the work contract awarded to M/S Mycon Construction Ltd. but also contained several other aspects related to enhancement of efficiency of plant. Further, it remains undisputed that no adversity visited the appellant or M/s Mycon Construction Ltd. as a consequence to the aforesaid delay analysis report. Thus, the aforesaid delay analysis report is a document created at the expense of & for the sole purpose of SAIL; which is not limited to the delay analysis but incorporating suggestions to reduce the same. The appellant who is an employee of M/s Mycon Construction Ltd. cannot be termed as an affected party by any stretch of argument.
After hearing parties and perusal of record, the Commission finds the decision of CPIO as well as FAO to be in order.
The appeal is dismissed accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to: Central Public Information Officer under RTI First Appellate Authority under RTI Assistant General Manager - (PR & PIO), General Manager - (P & A), Steel Authority of India Limited, Steel Authority of India Limited, Salem Steel Plant, Salem Steel Plant, Salem-636013 (Tamil Nadu). Salem-636013 (Tamil Nadu).
Shri Anirudh Malpani M/s. Mycon Construction Ltd., Industry House, 45, Race Course Road, Bangalore-560001 (Karnataka).