Central Information Commission
Prakash Makhijani vs Military Engineer Services on 28 July, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: - CIC/MESER/A/2021/606087
In the matter of
Prakash Makhijani
... Appellant
VS
CPIO
Military Engineering Services,
NE, Chief Engineer Udhampur Zone,
PO: Garhi, Udhampur - 182121
... Respondent
RTI application filed on : 09/08/2020 CPIO replied on : 22/10/2020 First appeal filed on : 26/01/2021
First Appellate Authority order : 22/02/2021 Second Appeal filed on : 22/02/2021 Date of Hearing : 28/07/2022 Date of Decision : 28/07/2022 The following were present:
Appellant : Present over VC Respondent: Iqbal Singh, Director(Contracts) & CPIO, present over VC Information Sought:
The Appellant has sought the following information pertaining to Contract Section(E8) of Chief Engineer Udhampur Zone, Udhampur of MES:
1. Provide a copy of SOC of Contractor, PID of CE Udhampur Zone, Rejoinder by Contractor and likewise SOC of CE Udhampur Zone, PID by contractor and Rejoinder by CE Udhampur Zone and documents exchanged during hearing by both parties.1
2. Provide a copy of arbitration award, published by Sole Arbitrator Shri SK Gupta CE (QS&C) dated 27 Oct 2008 in the contract of CE Udhampur Zone, pertaining to Construction of Goodwill Public School at Rajouri.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that the CPIO and the FAA both have had deliberately failed to provide the information to him.
The CPIO submitted that an appropriate reply was given to the appellant on 22.10.2020.
Observations:
From a perusal of the relevant case records, it is noted that the reply of the CPIO and the order of the FAA are grossly incorrect as the PIO, without claiming any exemption under the RTI Act, had simply stated that as per Section 42A of the Arbitration and Conciliation Act, which says that "Notwithstanding anything contained in any other law for the time being in force, the arbitrator, the arbitral institution and the parties to the arbitration agreement small maintain confidentiality of all arbitral proceedings except award where its disclosure is necessary for the purpose of implementation and enforcement of award", the documents asked for cannot be furnished.
It is brought to the notice of the CPIO that as per Section 22 of the RTI Act, the provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
The CPIO is therefore directed to provide the sought for information to the appellant as per the provisions of the RTI Act and as per the discussions held during the hearing .2
Decision:
In view of the above, the CPIO is directed to take action as per the discussions held during the hearing within a period of 15 days from the date of receipt of this order under intimation to the Commission.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सच
ू ना आयु त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
3