Central Information Commission
Mr.Vishnu Darbari vs National Highways Authority Of India ... on 30 January, 2014
CENTRAL INFORMATION COMMISSION
Room No.-329, 2nd Floor, C-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi - 110066
Tel: +91-11-26717356
File No. CIC/SS/A/2013/002549-YA
Date of hearing : 30th January, 2014
Date of decision : 30th January, 2014
Appellant : Shri Vishnu Darbari,
New Delhi.
Respondent : Shri R.C.Tiwari, PIO
Shri Rajesh Dhaundiyal, FAA NHAI New Delhi.
Relevant Facts emerging from the Appeal:
RTI application filed on : 30/4/2013 PIO replied on : 17/5/2013 First appeal filed on : 14/6/2013 First Appellate Authority order : 01/8/2013 Second Appeal received on : Information Commissioner : Shri Yashovardhan Azad Information Sought:
The appellant had sought information with respect to seven points pertaining to Sh. V.K. Sharma , Ex-India Forest Service Officer,(Regular Recruit), 1984, Uttaranchal Cadre.
Relevant Facts emerging during Hearing:
The appellant Shri Vishnu Darbari was present.The appellant stated that he has sought information regarding vigilance clearance for Shri V.K.Sharma, IFS-1994 for his induction in NHAI in 2000 and for his absorption in NHAI in 2005. He stated that this information is demanded in public interest since there have been reports regarding induction in NHAI of officers without requisite vigilance clearance, which is the requirement for any induction and absorption in the organization. The respondent stated that in response to the RTI application of the appellant all other information has been provided except the vigilance clearance since there is no such paper available in the records. The Respondent stated that the practice of seeking vigilance clearance before any absorption in the NHAI was always adhered to though the absorption rules making it mandatory have been framed subsequently in 2009-10. Ministry of Environment and Forests was written to in this regard, but no reply has been received from them. A communication from MOEF to the NHAI was submitted before the Commission wherein the NOC from MOEF for the absorption of Shri V.K.Sharma in NHAI has been given on 7th July, 2005. The appellant referred to the communication sent by the NHAI to one Shri Amit Tailor on 3/9/2012 replying to his RTI application, in which the documents enclosed include copy of NOC/ vigilance clearance from parent Department for Shri V.K.Sharma, whose name figured in that list.
The Respondent stated that there is no such information regarding seeking vigilance clearance from MOEF in Shri V.K.Sharma's case in 2005 during his absorption process. There is a possibility that since his induction was done in 2000; only internal vigilance clearance was referred to for the period of five years of his tenure in the NHAI. When queried about the vigilance clearance for induction in 2000, the Respondent stated that MOEF has been corresponded within this regard and reply is yet to be received. During induction also the practice is to ask for vigilance clearance and this was also done so in 2000 while inducting Shri V.K.Sharma in the NHAI. The appellant stated that even regarding the internal vigilance clearance given in 2005, the information given only to the telephonic clearance from the Vigilance Division as recorded on the note sheet.
Decision:
The Respondent admitted that Vigilance Clearance is a mandatory requirement for induction/ absorption of officers in NHAI. In a separate RTI application seeking information about vigilance clearance of various officers in NHAI, the requisite information in respect of Shri Vinod Sharma has been provided(Dated 3rd September,2012). The Commission is, therefore, of the opinion that the information is held by the CPIO. The Commission directs that an enquiry be held by an officer not below the rank of Joint Secretary to trace out the missing files. The inquiry may be concluded within three weeks and report should be submitted to the Commission The matter be placed before the commission for hearing after the receipt of report.
(Yashovardhan Azad) 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.V.Mathew) Deputy Registrar