Jaigopal Soni vs Central Electiricity Regulatory ... on 6 August, 2020

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Central Information Commission

Jaigopal Soni vs Central Electiricity Regulatory ... on 6 August, 2020

Bench: Neeraj Kumar Gupta

                             के न्द्रीय सूचना आयोग
                    Central Information Commission
                         बाबा गंगनाथ मागग, मुननरका
                     Baba Gangnath Marg, Munirka
                     नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या/Second Appeal Nos. CIC/CERCO/A/2018/635846
                                     CIC/CERCO/A/2018/635863

Jaigopal Soni                                           ... अपीलकताग /Appellant

                                   VERSUS
                                    बनाम

CPIO, Central Electricity Regulatory                      ...प्रनतवािी /Respondent
Commission, New Delhi.

Relevant dates emerging from the appeal(s):

RTI(s): 20-07-2018 & 27-    FA(s) : 23-08-2018 & 04-
                                                       SA : 27-11-2018
09-2018                     10-2018
CPIO(s): 06-08-2018 &       FAO(s): 10-09-2018 &
                                                       Hearing : 28-07-2020
28-09-2018                  31-10-2018

                                  ORDER

1. The appellant filed the application(s) under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Electricity Regulatory Commission, New Delhi seeking following information:-

"Kindly provide me the information/data/copy of LOI/Work Order etc. received from 2x500 MW Marwa Tendubhata Thermal Power Project (CSEB now CSPGCL; Chhattisgarh State Power Generation Company Limited) or its vendors by CERC or consortium of consultancy firms for developing benchmarks of capital cost model for benchmarking capital cost of thermal power stations of unit sizes 500 MW, 600 MW, 660 MW AND 800 MW."

2. The CPIO responded on 06-08-2018 & 28-09-2018. The appellant filed the first appeal(s) dated 23-08-2018 & 04-10-2018 which were disposed of by the first appellate authority on 10-09-2018 & 31-10-2018. Thereafter, he filed the second appeal(s) u/Section 19(3) of the RTI Act before the Commission requesting to take Page 1 of 3 appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information. Hearing:

3. The appellant, Mr. Jaigopal Soni attended the hearing through audio conferencing. Mr. Sachin Kumar, Assistant Secretary participated in the hearing representing the respondent through audio conferencing. Since both the parties agreed to hearing of these appeals arising out of identical RTI applications together, these appeals are being clubbed and disposed of by way of this common order. The written submissions are taken on record.

4. The appellant stated that the respondent should be directed to provide him the information/data/copy of LOI/Work Order etc. received from 2x500 MW Marwa Tendubhata Thermal Power Project (CSEB now CSPGCL; Chhattisgarh State Power Generation Company Limited) or its vendors by CERC or consortium of consultancy firms for developing benchmarks of capital cost model for benchmarking capital cost of thermal power stations of unit sizes 500 MW, 600 MW, 660 MW and 800 MW.

5. The respondent submitted that the information sought by the appellant is very wide and general in nature. Nonetheless, they had consulted all their directorates for the said information but, the information is not available with them. He also agreed to furnish an affidavit of this effect to the appellant, within a period of 15 working days from the date of receipt of this order. Since the Marwa Tendubhatha Thermal Power Project (CSPGCL Chhattisgarh) comes under the jurisdiction of State Govt. of Chhattisgarh, they had invoked Section 6(3) of the RTI Act, 2005 for transferring the RTI application to the Chhattisgarh State Electricity Regulatory Commission, Raipur.

Decision:

6. This Commission observes that the respondent has categorically indicated that the information in the manner sought by the appellant is not available with them and the since the matter pertains to the State Govt. of Chhattisgarh, they had resorted to Section 6(3) of the RTI Act, 2005 for transferring the RTI application to the Chhattisgarh State Electricity Regulatory Commission, Raipur. In view of this, the Commission is not empowered to adjudicate on the matters falling under the jurisdiction of the State Govt. of Chhattisgarh. The respondent had also approached all their directorates which in turn confirmed that the information in the manner sought by the appellant was not available with them. In this regard, the respondent is directed to furnish an affidavit to the appellant indicating about the non-

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availability of records in their custody, within a period of 15 working days from the date of receipt of this order.

7. With the above observations, these appeals are disposed of.

8. Copy of the decision be provided free of cost to the parties.

Neeraj Kumar Gupta (नीरज कु मार गुप्ता) Information Commissioner (सूचना आयुक्त) दिनाां क / Date: 28-07-2020 Authenticated true copy (अनिप्रमानित सत्यानपत प्रनत) S. C. Sharma (एस. सी. शमाा), Dy. Registrar (उप-पंजीयक), (011-26105682) Addresses of the parties:

1. The CPIO Central Electricity Regulatory Commission, Ground Floor, Chanderlok Building, 36, Janpath, New Delhi - 110001.

2. Shri Jaigopal Soni Page 3 of 3

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