Central Information Commission
Mrjeev Kant Jha vs Container Corporation Of India Ltd. on 8 March, 2016
CENTRAL INFORMATION COMMISSION
2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, NEW DELHI110 066
TEL: 01126717355
Appeal No. CIC/VS/A/2014/003874
Appellant: Shri Jeev Kumar Jha,
R/o 295D, Gali No.4,
Pratap Vihar, Part1,
Delhi110086.
Respondent: Central Public Information Officer,
Container Corporation of India Ltd, Ministry of Railway, Concor Bhawan, C3, Mathura Road, Opp. Apollo Hospital, New Delhi 110076.
Date of Hearing: 8.3.2016
Date of Decision: 8.3.2016
O R D E R
RTI application:
1. The Appellant filed an RTI application dated 29.7.2014 seeking copy of work order and agreement of housekeeping agency working, copy of salary and wages paid to housekeeping/sanitation staff for April and May, 2014 of contract, copy of PF, ESI and Service tax of challans and ECR paid by housekeeping agency for present contract for April and May 2014. The PIO responded on 5.8.2014 informing the appellant that his application dated 29.7.2014 received by them on 04.08.2014, is returned herewith along with the postal order for an amount of Rs.10/ in favour of Account Officer CCIL, Noida(UP) . The PIO informed the appellant that the postal order for Rs.10/ in favour of "Container Corporation of India Ltd." may be enclosed. In response to PIO's letter dated 5.8.2014, the appellant, vide letter dated 18.8.2014 sent a fresh postal order for Rs.10/ in favour of "Container Corporation of India Ltd."
2. The PIO responded on 1.10.2014. Appellant filed a second appeal on 8.12.2014 with the Commission.
Hearing:
3. The respondent participated in the hearing. The appellant did not participate in the hearing.
4. The respondent stated that appellant had earlier filed RTI application dated 9.7.2014 and the first appeal dated 18.8.2014. The first appeal has been disposed of by the first appellate authority on 1.10.2014. The respondent said that the order of the first appellate authority has not been challenged in the instant case.
5. The respondent referred to the RTI application dated 29.7.2014 of the appellant, which the subject matter of the instant case, and explained that it was responded by the PIO on 1.10.2014. The respondent said that on point 2 (a) of the RTI application, the information sought cannot be disclosed as it is a matter of commercial confidence, the disclosure of this would harm the competitive position of third party. The respondent further stated that the third party in his written submission dated 15.9.2014 has specifically objected for disclosure of agreement treating it to be confidential information submitted in fiduciary relation. On point 2(b) the respondent stated that the contractor of housekeeping at IC Dadri in his written submission dated 15.9.2014 has objected disclosure of the information under the provision of section 11 of the RTI Act, 2005 and informed that provisions of minimum wages, PF & ESI in respect of his workers deployed at ICDadri are being complied with. The respondent stated that the PF & ESI challans for the month of April and May 2014 were provided to the appellant. The respondent stated that the appellant in this particular case has never filed first appeal before the First Appellate Authority (FAA). Discussions/Observations:
6. The appellant has to first exhaust the opportunity of first appeal. Decision:
7. The matter is disposed of as appellant has not availed the remedy available to him, filing the first appeal before the first appellate authority, under the RTI Act.
8. The appellant, if he so wants, may file first appeal in the matter.
Copy of decision be given free of cost to the parties.
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy ( Prakash ) Deputy Registrar