Central Information Commission
Mr.Nripendra Singh Judev vs Ministry Of Defence on 28 May, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/003644
CIC/LS/A/2011/003498
Appellant : Nripendra Singh Judev
Respondent : Cantonment Board, Jhansi
Date of hearing : 28.5.2012
Date of decision : 28.5.2012
FACTS
Heard today dated 28.5.2012. Appellant present. The Board is represented by Shri Raj Kumar Kushwaha, AO. DGDE is represented by Shri R. K. Lal, Dy. Director. The parties are heard and the records perused.
2. It is noticed that vide RTI application dated 3.5.2011, the appellant had sought information on following 04 points:-
(i) what rules are being followed by the Board in the matter of floating of tenders;
(ii) what financial rules are applicable to the Board;
(iii) whether Board can change the terms & conditions of the tender in violation of Government rules; and
(iv) whether information regarding paras (1) & (2) has been uploaded on Board's website.
3. The response, if any, given by the CPIO is not available in the Commission's files. However, during the hearing, Shri Kushwaha submits that para-wise information was supplied to the appellant vide their letter dated 19.9.2011.
4. The appellant, however, contends that the information given by the CPIO is not correct. According to him, the Cantonment Board's Account Code deals with financial matters only and not with the tender process. He produces Cantonment Laws Vol. I which contains Cantonment Account Code, 1924, at pages 515 to 603. The same is perused. It is his contention that the Code deals with financial matters and not with tender process. The appellant is right. It appears that misleading information has been provided to the appellant.
5. In the premises, the matter is remanded back to the CPIO with the direction to re-examine the mater carefully and supply correct para-wise information to the appellant.
6. Before parting with this matter, I would like to observe that the appellant has travelled all the way from Jhansi to Delhi at personal cost. This trip has cost him about Rs. 1,000/-. In my opinion, he is entitled to compensation u/s 19 (8) (b) of the RTI Act. Hence, Chief Executive Officer, Cantonment Board, Jhansi is hereby directed to remit an amount of Rs. 1,000/- to the appellant through Demand Draft in 05 weeks time. Besides, he is also directed to ensure that correct para-wise information is now sent to the appellant in the aforesaid time period.
File No. CIC/LS/A/2011/003498
7. This also disposes of File No. CIC/LS/A/2011/003498.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K L Das) Dy. Registrar Address of parties
1. The Dy. Director & CPIO Directorate Geenral Defence Estates, Raksha Sampada Bhawan, Ulaan Batar Marg, Delhi Cantt-10
2. Shri Nripendra Singh Judev Bangla No. 26, Cantt., Jhansi, Uttar Pradesh