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Central Information Commission

Mr.Rakesh B Singh vs Ministry Of Shipping,Road Transport ... on 25 June, 2013

                       Central Information Commission
            Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                    Bhikaji Cama Place, New Delhi­110066
                   Web: www.cic.gov.in Tel No: 26167931

                                                 Case No. CIC/SS/A/2012/002438
                                                              Dated: 25.06.2013

Name of Appellant                  :       Shri Rakesh B. Singh

Name of Respondent                 :       Ministry of Road Transport & Highways

Date of Hearing                    :       30.05.2013

                                       ORDER

Shri Rakesh B. Singh, hereinafter called the appellant has filed the present appeal dated 27.6.2012 before the Commission against the respondent Ministry of Road Transport & Highways, New Delhi for not providing satisfactory information in response to his RTI application dated 26.2.2012. The appellant was present whereas the respondent were represented by Shri Nandan Singh, Deputy Secretary and Shri Sanjay Kumar Tiwari, Section Officer.

2. The appellant through his RTI application dated 26.2.2012 sought information on fifteen queries for curbing the practice of overloading of trucks in compliance with the judgement of Hon'ble Supreme Court in Writ Petition (Civil) 136 of 2003 dated 9.11.2005, in the matter of Paramjit Bhasin and Ors vs. Union of India. The CPIO vide letter No. RT-23018/5/2012-T dated 16.4.2012 provided point-wise information to the appellant.

3. The FAA, before whom the appellant filed first appeal, vide his order No. RT-23018/5/2012-T dated 15.5.2012 passed order as follows: "Question No. 2(a) of first appeal - All the pages annexed with the reply dated 16.4.2012 of the 2 Case No. CIC/SS/A/2012/002438 Ministry are certified; Q. No. 2(b) the requisite information available with Transport Section of the Ministry has already been provided. The Ministry of Road Transport & Highways has nothing more to add in this regard; and Q. No. 2(c) - The FAA held that Road Transport is a State subject and the responsibility for curbing the overloading of vehicles primarily rests with the State Governments. However, realizing the seriousness of the problem, the Ministry of Road Transport Highways has been emphasizing States/ UTs from time to time for strict enforcement of the provisions of law to check the menace of overloading. The action taken by the Ministry during the previous years provided to the appellant".

4. Having considered the submissions of the parties and perused the relevant documents on file, the Commission is of the view that requisite information has been provided to the appellant, however, the CPIO is hereby directed to also provide to the appellant the action taken by respective State Governments/UTs to check menace of overloading of trucks, free of cost, within four weeks of receipt of this order.

The matter is disposed of on the part of the Commission with the above directions/observations.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/SS/A/2012/002438 Address of the parties:
Shri Rakesh B. Singh, WW-23, Ground Floor, Malibu Town, P.O. South City II, Gurgaon-122018 (Haryana).
The CPIO, Ministry of Road Transport & Highways, Transport Bhawan, Parliament Street, New Delhi-110001.
The Joint Secretary (T&A)/FAA Ministry of Road Transport & Highways, Transport Bhawan, Parliament Street, New Delhi-110001.