Central Information Commission
Navin Kumar Gupta vs Ndmc on 26 December, 2025
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/NDMCN/A/2024/121515
Navin Kumar Gupta .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
CPIO under RTI,
Office of the PIO-(BM), New
Delhi Municipal Council, Civil
Engineering Department, 15th
Floor, R.N.-1521, Palika
Kendra, New Delhi-110001. .... ितवादीगण /Respondent
Date of Hearing : 16.12.2025
Date of Decision : 24.12.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 04.04.2024
CPIO replied on : 01.05.2024
First appeal filed on : 29.05.2024
First Appellate Authority's order : 27.06.2024
2nd Appeal/Complaint dated : 04.07.2024
Information sought:
1. The Appellant filed an RTI application dated 04.04.2024 (offline) seeking the following information:
CIC/NDMCN/A/2024/121515 age 1 of 6 "List of information/papers required under The Right to Information Act 2005 in connection with "Agreement No. 74/EE(BM-II)/2016-17, Executing Authority: Executive Engineer (BM-II) Civil, NDMC".
1. Details of Competent Authority in New Delhi Municipal Council (NDMC) authorized to grant sanction / approval for acceptance of Arbitration Award(s). Please also provide certified copy of document(s) containing such information in support of your reply.
2. Details of Competent Authority in NDMC authorized to grant sanction /approval for challenge(s) to Arbitration Award(s). Please also provide certified copy of document(s) containing such information in support of your reply.
3. Details of Competent Authority in NDMC from whom sanction / approval was obtained for challenging Arbitration Award of aforesaid Agreement. Please also provide certified copy of document(s) containing such information in support of your reply along with all file notings pertaining to challenge of Arbitration Award of aforesaid Agreement.
4. Please also provide the Applicant certified copy of file notings and Action Taken Report on this application along with your reply.
5. Details of payment of filing fees:
Paid Cash Rs.10/- vide receipt no......................... dated..............
6. Being the affected party, you are required to provide all the information/documents U/s 4(1)(d) of the RTI Act 2005.
7. Please rush the duly Certified information to me by Speed / Registered Post. I am an Indian citizen. Please reply in English.
8. If any or all the information is not with you, please forward this application to the appropriate PIO, under intimation to me.
9. On receipt of information under this application, I intend to carry out actual inspection of records at your office. I may be permitted such inspection.
CIC/NDMCN/A/2024/121515 age 2 of 6
10. Please take suo moto cognizance of the matter and inform me of any action thereafter."
2. The CPIO furnished a reply to the Appellant on 30.04.2024 stating as under:
"1.Competent authority in New Delhi Municipal Council (NDMC) authorized to grant sanction/approval for acceptance of Arbitration Award(s) as per of delegation of financial powers vide No. 57/PS/FA/2022 dated 04.10.2022 is as under:-
Sl.No, Nature of power Engineer-in- Chief Remarks chief Engineer
(i) Acceptance of Rs. 30 Lakh Rs. 15 Lakh Power to be arbitration award exercised in consultation with law Department in cases where no appeal is to be preferred against arbitration award or where appeal filed against such award has been dismissed.
2. No such specific information is available.
3. Arbitration award w.r.t. agreement no. 74/EE(BM-II)/2016-17 has been challenged in consultation with Chief Legal Adviser of NDMC. Since, the arbitration award in above referred agreement is under litigation against the applicant, as such, the copy of document/records required cannot be provided to the applicant.
4. The arbitration award is under litigation against the applicant in reference to agreement no.74/EE(BM-II)/2016-17, as such, the copy of document/ records required cannot be provided to the applicant.
5. Matter of record.
CIC/NDMCN/A/2024/121515 age 3 of 6
6. The arbitration award is under litigation against the applicant in reference to agreement no.74/EE(BM-II)/2016-17, as such, the copy of document/ records required cannot be provided to the applicant.
7. As requested, required information is being provided through Speed/Registered Post in English Version.
8, Need not reply.
9. The arbitration award is under litigation against the applicant in reference to agreement no.74/EE(BM-II)/2016-17, as such, the copy of document/ records required cannot be provided for inspection to the applicant.
10. Need not reply."
3. The CPIO furnished a reply to the Appellant on 01.05.2024 stating as under:
"The information received from following officer/s, pursuant to the aforesaid information vide I.D. No NDMC/OR/2024/60218 dated
04.04.2024, is being sent to you for your information and record.
The details of the same are as under:
S.No Information demanded IDNo. Details of Letter to be NDMC/OR/2024/60125. Dt deemed CPIOs, referred to 04.04.2024 who sent the information to information particular para 1 Point No. 1 to 10 EE (BM-II) Point No. 1 to 10 vide No. D/24/EE (BM-
II) dated
30.04.2024
"
4. Being dissatisfied, the Appellant filed a First Appeal dated 29.05.2024.
The FAA vide its order dated 27.06.2024, upheld the reply of CPIO.
CIC/NDMCN/A/2024/121515 age 4 of 6 5. Feeling aggrieved and dissatisfied, Appellant approached the
Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri Gaurav Goyal appeared in person on behalf of the Appellant. Respondent: Shri Mukesh Kumar Gupta, APIO (BM)/Executive Engineer and Shri Sudarshan Kumar Jha, Executive Engineer (Building Maintenance-II) appeared in person.
6. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 04.07.2024 is available on record.
7. The Appellant inter alia submitted that the reply provided by the CPIO is incomplete. He argued that the Respondent unjustifiably withheld file notings and relevant documents. He pleaded that merely citing "matter is under litigation" is not a valid ground for denial under the RTI Act.
8. The Respondent while defending their case inter alia submitted that a complete, point-wise reply was provided within time, enclosing the information available with the department. The Appellant is a party to ongoing litigation concerning the arbitration award of the same agreement. Disclosure of internal notes, legal consultation records, or documents relating to the pending proceedings is not permissible as these are confidential legal/administrative deliberations, protected under Section 8(1)(e) & 8(1)(h) of the RTI Act. They stated that no larger public interest was demonstrated by the Appellant.
Decision:
9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the CPIO provided a timely reply on 30.04.2024 and transmitted the replies received from deemed CPIOs on 01.05.2024. The FAA has already upheld the reply.
CIC/NDMCN/A/2024/121515 age 5 of 6 Information relating to internal deliberations, legal opinions, and file notings concerning an ongoing litigation against the Appellant is exempt under Section 8(1)(e) of the RTI Act.
10. The Appellant seeks access to documents connected with NDMC's decision to challenge the arbitration award. Such material includes internal consultations with the Legal Department, correspondence concerning litigation strategy, and file notings all of which fall squarely within the exempted category of information, and disclosure at this stage may prejudice the ongoing judicial proceedings. The Commission finds no mala fide on part of the CPIO, and the reply furnished is adequate and legally justified. Accordingly, no further intervention of the Commission is warranted.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Office of the Chief Engineer (Civil)-II, Civil Engineering Department, New Delhi Municipal Council, 15th Floor, 1521, Palika Kendra, New Delhi - 110001 CIC/NDMCN/A/2024/121515 age 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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