Central Information Commission
Balbir Singh vs Bhakra Beas Management Board on 16 May, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/BBMBD/A/2022/127585
Balbir Singh ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
BHAKRA BEAS MANAGEMENT BOARD,
RTI CELL, SEC.-19B, MADHYA
MARG, CHANDIGARH-160019. .... ितवादीगण /Respondent
Date of Hearing : 10/05/2023
Date of Decision : 10/05/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 02/03/2022
CPIO replied on : 18/04/2022
First appeal filed on : 26/04/2022
First Appellate Authority order : 12/05/2022
Second Appeal dated : 06/06/2022
Information sought:
The Appellant filed an RTI application dated 02.03.2022 seeking the following information:
"1. ATR on the Report of Committee constituted regarding Capital Maintenance of Unit-7 of Bhakra Right. Bank Power House submitted to Special secretary, BBMB, 1 Chandigarh vide Chief Engineer/System Operation -cum- Chairman of Committee, BBMB, Chandigarh memo No.C-166/PS/CESO dated 24.08.2021.
2. ATR on Chief Engineer / Hydel Projects, PSPCL, Patiala memo No.2890/92 dated 24.08.2021 regarding allegation of Gross mismanagement, delay in capital maintenance and Generation loss of more than Rs.100 Crores in case of Machine No.7 of Bhakra Right Bank Powerhouse.
3. Copy of enquiry report submitted by the committee constituted vide Special Secretary, BBMB, Chandigarh office order No.1444/B-1547/Committee/3P dated 17.12.2021 and ATR on report submitted by this committee.
4. Copy of ATR by CVO, BBMB, Chandigarh on Under SecretaryNigilance-6, CVC, New Delhi Complaint No.186478/2021/vigilance-6/-495837 dated 01.11.2021.
5. Copy of ATR by CVO, BBMB, Chandigarh on Under SecretaryNigilance-6, CVC, New Delhi Complaint No.190746/2022/vigilance-6/-501037 dated 06.01.2022."
The CPIO furnished a reply to the appellant on 18.04.2022 stating as under:
S. No Name of Deemed POI who Reply (Reply on the basis of Deemed PIO) sent the reply & their letter No. Point Special Secretary BBMB In this regard, it is intimated that Unit No. 07 No. 1 (Deemed Pips) letters No . has been commissioned & brought at bar on 6716/B-226/RTI/ Power/1-P 22.11.2021 dated 16.03.2022 Point ---do--- In this regard, the information as supplied by No. 2 the Special Secretary, BBMB, Chandigarh is enclosed herewith.
Point ---do--- In this regard, it is intimated by the Special No. 3 Secretary, BBMB, Chandigarh that the report is confidential and under process of consideration of competent authority.
Point CVO, BBMB letter No. dated In this regard it is intimated by Chief Vigilance No. 4 110/CV0-57/RTI dated Officer, BBMB, that matter is under 14.03.2022 consideration.
Point Secretary BBMB (Deemed In this regard the reply sent by Secretary, No. 5 PIOs) letter No . 9079/130- BBMB, Chandigarh is enclosed herewith.
24184/4150-4/gart-7 dated 04.04.202 In addition of above, it is intimated that your RTI application No. Nil, dated:
02.03.2022 received on 7.03.2022 has already been forwarded under clause-5(sub section 4&5 of RTI Act, 2005 to The CPIO-Cum-SE/HQ, O/o CE/Generation Administration (P.W), BBMB, Nangal Township & The CPIO-Cum-SE/HQ, O/o CE/ System Operation (P.W), BBMB, Chandigarh vide this office letter No. Bd.Sectt/PIO/RTI/March; 2022/ 242-44 dated 07.03.2022 with the request that the requisite information may be supplied directly to the applicant. It is also intimated that your RTI application No. Nil dated 02.03.2022 has been received in this office (concerned branch) on 07.03.2022."
Being dissatisfied, the appellant filed a First Appeal dated 26.04.2022. FAA's order, dated 12.05.2022, held as under:
"...(ii) The CPIO is hereby directed to supply the information with respect to Point No.1. 3 & 4 to the Appellant within 15 days. In case, denial of the information, the reason for such should be explained in detail as per the relevant clause under Section 8 & 9 or any other clause of the RTI Act, 2005.
(iii) Further, CPIO is directed to adhere to the provision of RTI Act, 2005 in true spirit and officers concerned should be imparted with appropriate training, if required.
(iv) The dissatisfaction of the appellant regarding non-sharing of the information and offering comments/ status by PIO, recording of wrong date of receipt of application and providing reply of RTI application through normal post is agreed.
Directives with respect to sharing remaining information have been issued to the CPIO. As far as recording of dates and sending information through registered post is concerned advisory has been issued the CPIO for future compliance (as above).
(v) The dissatisfaction of the Appellant on account of the content of the information and his observation thereof is out of the ambit of the RTI Act, 2005.
Under this circumstance, I found that order issued by CPIO-cum- Dy. Dir/ HRD is partial correct to an extent of sharing the information as given for the 2 & 5 and 3 directed to share the remaining information within 15 days along with advice to adhere the provisions of RTI Act, 2005 meticulously in future."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Anil Dhawan, Deputy Director & CPIO present through video conference.
The Appellant vide written submission dated 01.05.2023 sought exemption from participation in the hearing owing to health issues and further expressed his dissatisfaction with the CPIO's reply for points no. 1, 3 and 4 on the following lines -
"...1. CPIO denied information with the remarks that ATR was not available in the office record. However, as per copy of Special Secretary, BBMB, Chandigarh letter No.30982 dated 30.11.2021 placed at P. No.18 of appeal which was supplied by PIO vide No./Bd. Sectt/PIO/RTI/April, 2022/453 dated 18.04.2022 also placed at P.No.16 of appeal, it has been clearly mentioned that a committee was constituted on 07.07.2021 for deliberating on the above issue. The committee submitted its report with specific recommendations & same were considered and accordingly necessary action was 'taken & issue had been resolved. After testing and trial run, unit No.7 has been brought ton bar on dated 22/11/2021. Therefore, comments of PIO with regard to non-availability of ATR are quite contradictory but denied information (ATR) sought with malafide intentions as BBMB has not implemented recommendation of committee in report dated 24.08.2021 that the thrust collar and runner disk may be got repaired at factory premises of M/s GoGoal but unit was commissioned with defective thrust collar and runner disk without any repair as recommended by committee. Therefore, CIC may kindly take action against the CPIO /1 st Appellate Authority as per provisions in Right to Information Act, 2005 for supply of misleading information and for the detriment suffered by the Appellant.4
3. The enquiry report has yet not been accepted / finalized by the competent authority as such report cannot be revealed In terms of section 8(1) h of RTI Act, 2005. The Chief Engineer/System Operation, BBMB, Chandigarh vide letter No.799-801 dated 09.03.2022 placed at P. No.10 of appeal, had informed that reply of information related to Point No.1, 2 & 3 had already been sent to Special Secretary, BBMB, Chandigarh vide Chief Engineer/System Operation, BBMB, Chandigarh memo No.47/PS/CESO dated 08.03.2022 and the copy of the same may be obtained from that office. Therefore, denial of information is not justified at all as enquiry report has already been finalized and submitted by the Chairman of Committee to the Special Secretary, BBMB, Chandigarh. Therefore, CIC is requested to take appropriate action against CPIO, BBMB, Chandigarh for malafide denial of information.
4. The ATR has yet not been not been accepted / finalized by the competent authority as such report cannot be revealed in terms of section 8 (1) h of RTI Act, 2005.CIC is requested to pass order to provide ATR sought as period of 1 16 year has already been elapsed..."
The CPIO invited attention of the bench towards his latest written submission dated 05.05.2023 (copy marked to the Appellant), relevant extracts of which are reproduced below in verbatim -
"...Sh Balbir Singh has sought some information under RTI Act. 2005 vide letter No. Nil dated 02-03-2022 received in this office on 07-03-2022 copy enclosed as Annexure-I. This office sent the desired information to the applicant vale letter No. BD/POIRTI/Apri1,2022/453 dated 18-04-2022 as Annexure-II. The applicant has filed 10 appeal vide letter No. Nil dated 26.04 2022 copy enclosed as Annexure-III. The First Appellant Authority-cum-Special Secretary, BBMB. Chandigarh has given direction vide his letter No 59-60/R71-136/10 Appellate Authority/Spl Secy-2022 dated 12.05 2022 copy enclosed as Annexure-IV that 'the CPIO is hereby directed to supply the information with respect to Point No. 1.3 & 4 to the Appellant within 15 days In case, denial of the information. the reason for such should be explained in detail as per the relevant clause under Section 8 & 9 or any other clause of the RTI Act. 2005'. In this regard. the reply was sent to appellant vide this office letter No. BD/POI/RTI/May,2022/608-09 dated 25-05- 2022 Annexure-V. Accordingly, the case has been disposed-of. The pointwise reply as sought by the appellant in his 2nd appeal on the tabulated form is given below.5
Decision:
The Commission upon a perusal of records observes that the main premise of instant Appeal was unsatisfactory response of the CPIO against points no. 1, 3 &
4. In response to which, the CPIO provided a categorical reply coupled with relevant information to the Appellant as narrated above in the preceding paragraphs.
In this regard, the Commission finds no infirmity in the replies provided by the CPIO earlier and now as the same were found to be in consonance with the provisions of RTI Act, leaving behind no scope of further relief to be granted in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) Information Commissioner (सूचना आयु ) 6 Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 7