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Central Information Commission

Brijesh Sharma vs National Highways Authority Of India ... on 21 November, 2019

                               के ीय सूचना आयोग
                         Central Information Commission
                            बाबा गंगनाथ माग, मुिनरका
                          Baba Gangnath Marg, Munirka
                          नई द ली, New Delhi - 110067

File No : CIC/NHAIN/A/2018/618474

Brijesh Sharma                                                ....अपीलकता/Appellant
                                      VERSUS
                                       बनाम
CPIO,
National Highways Authority of India,
Project Implementation Unit - Surat (Expressway),
301-304, VIP High Street,
Opp Rongta Arcade,
VIP Road,
VESU, Surat - 395007.                                    ... ितवादीगण /Respondent

RTI application filed on          :   26/01/2018
CPIO replied on                   :   20/02/2018
First appeal filed on             :   15/03/2018
First Appellate Authority order   :   No order
Second Appeal dated               :   01/05/2018
Date of Hearing                   :   20/11/2019
Date of Decision                  :   20/11/2019

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   INFORMATION COMMISSIONER :             DIVYA PRAKASH SINHA

Information sought

:

The Appellant sought information regarding details of potholes located in Service Road below Kashimira Flyover Road from Mira Gaon towards Kashi Gaon and action taken on NHAI officer who are guilty of violation of Sections 166, 217, 218, 308, 420, 431, 465, 467, 468, 506 of Indian Penal Code etc. through 4 points.
1
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing: The following were present:-
Appellant: Not present.
Respondent: Shashi Bhushan, Proj. Dir. & CPIO, National Highways Authority of India, Project Implementation Unit Surat (Expressway),VESU, Surat present through VC.
CPIO submitted that the information sought in the present RTI Application is not in their records.
Decision Commission has gone through the case records and observes that the CPIO has provided vague information to the Appellant vide his letter dated 20.02.2018 and the same is open to various interpretations.
Commission expresses displeasure over the conduct of CPIO for providing such vague and evasive replies. CPIO is directed to exercise due caution in future while dealing with RTI Applications and to acquaint himself well with the provisions of the RTI Act.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा ) Information Commissioner ( सूचना आयु ) Authenticated true copy (अ भ मा णत स या पत त) Haro Prasad Sen Dy. Registrar 011-26106140 / [email protected] हरो साद सेन, उप-पंजीयक दनांक / Date 2