Central Information Commission
Rajesh Kumar vs Public Works Department Delhi on 17 September, 2020
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal Nos. CIC/PWDDL/A/2018/169113
CIC/PWDDL/A/2018/169114
CIC/PWDDL/A/2018/169115
CIC/PWDDL/A/2018/169117
CIC/PWDDL/A/2018/169112
CIC/PWDDL/A/2018/169602
CIC/PWDDL/A/2018/169871
CIC/PWDDL/A/2018/169868
CIC/PWDDL/A/2018/169866
CIC/PWDDL/A/2019/100113
Shri Rajesh Kumar ... अपीलकता/Appellant
VERSUS/बनाम
The PIO, ... ितवादीगण /Respondent
EE (M 133 N), South West Education
Division (A & B), PWD, Rama Road,
New Delhi - 110015
The PIO,
Sup. Engineer (Education), PWD,
I.P. Estate, New Delhi
Date of Hearing : 16.09.2020
Date of Decision : 17.09.2020
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case Nos. RTI Filed CPIO First FAO Second Appeal
on reply Appeal dated dated
dated dated
169113 07.05.2018 No Reply 25.06.2018 No Reply 26.11.2018
169114 07.05.2018 No Reply 25.06.2018 No Reply 26.11.2018
169115 07.05.2018 No Reply 14.06.2018 No Reply 26.11.2018
169117 07.05.2018 No Reply 14.06.2018 No Reply 26.11.2018
Page 1 of 13
169112 07.05.2018 No Reply 25.06.2018 No Reply 26.11.2018
169602 07.05.2018 No Reply 14.06.2018 No Reply 28.11.2018
169871 07.05.2018 No Reply 14.06.2018 No Reply 28.11.2018
169868 07.05.2018 No Reply 14.06.2018 No Reply 28.11.2018
169866 07.05.2018 No Reply 14.06.2018 No Reply 28.11.2018
100113 07.05.2018 No Reply 25.06.2018 No Reply 26.11.2018
(1) CIC/PWDDL/A/2018/169113
Information soughtand background of the case:
The Appellant filed an RTI application dated 07.05.2018 seeking information on 38 points related to Development Work in C/o Boundary Wall of plot allotted forRaikiyaPratibha Vikas VidhalayaJafarpurKalan New Delhi inter alia regarding:
1. Kindly provide the certified copy (duly signed by competent authority ) of work order for work of "Development Work in C/o Boundary wall of plot allotted Work in C/o Boundary wall of plot allotted for RajkiyaPratibha Vikas VidhalayaJafarpurKalan, New Delhi. ). So many bidders for the tender out of which M/s Rajiv Kumar.
2. Provide the Name, Office Address and Mobile numbers of Junior Engineer, Assistant Engineer and other PWD officers,under whom supervision the above mention work is doing .
3. Provide the certified copy of schedule of quantity.
4. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
5. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
6. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
7. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
8. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
9. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
10. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
11. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
12. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), PWD vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 25.06.2018. The PIO/A.E. (Planning), vide letter dated 25.07.2018 transferred the First Appeal to PIO/E.E. (Civil), PWD, which was not adjudicated Page 2 of 13 by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
(2) CIC/PWDDL/A/2018/169114 Information sought and background of the case:
The Appellant filed anRTI application dated 07.05.2018 seeking information on 38 points related to Development Work in C/o 2 Nos.Art & craft room and 2 Nos.
Toiletunder RMSA[2014-15) SSA at the School Govt. Co.Ed,SSSSec-2 Dwarka and G. Co. Ed SSS Sec-6, Dwarka "
1. Kindly provide the certified copy (duly signed by competent authority) of work order for "Development Work in C/o 2 Nos. Art & Craft room and 2 Nos. Toilet under RMSA (2014-15) SSA at the school Govt. Co.Ed. SSS Sec-2 Dwarka (1821029) and G.CoEd.SSS, Sec-6, Dwarka (1821206) So many bidders for the tender out of which M/s Vivek Associates.
2. Provide the Name, Office Address and Mobile numbers of Junior Engineer, Assistant Engineer and other PWD officers,under whom supervision the above mention work is doing .
3. Provide the certified copy of schedule of quantity.
4. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
5. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
6. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
7. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
8. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
9. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
10. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
11. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
12. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 25.06.2018. The PIO/A.E. (Planning), vide letter dated 25.07.2018 transferred the First Appeal to PIO/E.E. (Civil), PWD, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.Page 3 of 13
(3) CIC/PWDDL/A/2018/169115 Information sought and background of the case:
The Appellant filed an RTI application dated 07.05.2018 seeking information on 38 points related to Development Work in Construction of (08 Nos. Art & Craft room.1 No. Computer Labs, 02 Nos. Science lab and 16 Nos. Toilet Blocks) under RMSA in doe School. Govt. Sarvodaya (1 st Shift) Naraina, Govt. SarvodayaKanya Vidyalaya Block- C Naraina Govt. SarvodayaBal Vidyalaya Block-D Janak Puri Govt. Boys Sr. Sec. School Raj Nagar Extn. Part - II, Govt. Co-Ed Sec. School NanakheriChhawla, Govt. Govt. Co.Ed Sec. School Dwarka Sec-16A, Girls Sr. Sec. School JharodaKalan and Govt. Boy Sr. Sec. School GoelaKhurd New Delhi).
1. Kindly provide the certified copy (duly signed by competent authority ) of work order for work of Development Work in Construction of (08 Nos. Art & Craft room.1 No. Computer Labs, 02 Nos. Science lab and 16 Nos. Toilet Blocks) under RMSA in doe School. Govt. Sarvodaya (1st Shift) Naraina, Govt. SarvodayaKanya Vidyalaya Block- C Naraina Govt. SarvodayaBal Vidyalaya Block-D Janak Puri Govt. Boys Sr. Sec. School Raj Nagar Extn. Part - II, Govt. Co-Ed Sec. School NanakheriChhawla, Govt. Govt. Co.Ed Sec. School Dwarka Sec-16A, Girls Sr. Sec. School JharodaKalan and Govt. Boy Sr. Sec. School GoelaKhurd New Delhi) so many bidders for the tender out of which L-1. NIT NO. 01/EE/Edu.(S-W)/2017-18.
1. Provide the Name, Office Address and Mobile numbers of Junior Engineer, Assistant Engineer and other PWD officers,under whom supervision the above mention work is doing .
2. Provide the certified copy of schedule of quantity.
3. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
4. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
5. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
6. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
7. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
8. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
9. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
10. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
11. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).Page 4 of 13
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 14.06.2018, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
(4) CIC/PWDDL/A/2018/169117 The Appellant filed an RTI application dated 07.05.2018 seeking information on 38 points related to Development Work in C/o New Toilet Block at SKV Samlaka New Delhi (School ID- 1821022):
1. Kindly provide the certified copy (duly signed by competent authority) of work order for work of "Development Work in C/o New Toilet Block at SKV Samlaka New Delhi (School ID-1821022) (SH: Composite Works Civil & Electrical)" So many bidders for the tender out of which L-1. NIT No.02/EE/Edu.(S-W)/2017-18.
2. Provide the certified copy of schedule of quantity.
3. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
4. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
5. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
6. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
7. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
8. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
9. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
10. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
11. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 14.06.2018. The PIO/A.E. (Planning), vide letter dated 25.07.2018 transferred the First Appeal to PIO/E.E. (Civil), PWD, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
Page 5 of 13(5) CIC/PWDDL/A/2018/169112 Information sought and background of the case:
The Appellant filed an RTI application dated 07.05.2018 seeking information on 38 points related to Development Work in C/o 2 Nos. SPS(D/S) under SSA Govt. SarvodyaVidhayalya class room (big size) at KanyaVidhayalya Raj Nagar Part-2, Palam Colony, New Delhi:
1. Kindly provide the certified copy (duly signed by competent authority) of work order for work of "Development Work in C/o 2 Nos. SPS(D/S) under SSA Govt.
SarvodyaVidhayalya class room (big size) at KanyaVidhayalya Raj Ngar Part-2, Palam Colony, New Delhi" So many bidders for the tender out of which M/s Rishu Construction Co.
2. Provide the certified copy of schedule of quantity.
3. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
4. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
5. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
6. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
7. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
8. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
9. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
10. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
11. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 25.06.2018, the PIO/A.E. (Planning), vide letter dated 25.07.2018 transferred the First Appeal to PIO/E.E. (Civil), PWD, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
(6) CIC/PWDDL/A/2018/169602 Information sought and background of the case:
Page 6 of 13The Appellant filed an RTI application dated 07.05.2018 seeking information on 38 points related to " Developm ent Work in c/o P ucca School Building for Govt. Sr. Sec School at Sec-5 Dwarka. New Delhi (SH: Civil &Electrical Works) (SH: Providing Service of Computer operators, clerks, MTS, chowkidar in the office Executive Engineers Educations (Maint.) S-W,AE-II and Division in Architect Office.)
1. Kindly provide the certified copy (duly signed by competent authority ) of work order for work of "Deve lop ment Wor k in c /o Pu c ca S choo l Building for Govt. Sr. Sec School at Sec-5 Dwarka. New Delhi (SH: Civil &Electrical Works) (SH:
Providing Service of Computer operators, clerks, MTS, chowkidar in the office Executive Engineers Educations (Maint.) S-W,AE-II and Division in Architect Office.)" So many bidders for the tender out of which L-1. NIT No.05/EE/Edu.(S.W)/2016-17.
2. Provide the certified copy of schedule of quantity.
3. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
4. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
5. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
6. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
7. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
8. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
9. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
10. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
11. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 14.06.2018, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
(7) CIC/PWDDL/A/2018/169871 Information sought and background of the case:
Page 7 of 13The Appellant filed an RTI application dated 07.05.2018 seeking information on 38 points related to "Development Work in C/o 12 Nos. Boundary wall of vacant plot allotted for opening New Govt. School at village NangliSakrawati(new site) measuring at 03 acres )" :
1. Kindly provide the certified copy (duly signed by competent authority ) of work order for work of "Development Work in C/o 12 Nos. Boundary wall of vacant plot allotted for opening New Govt. School at village NangliSakrawati(new site) measuring at 03 acres )" So many bidders for the tender out of which L-1. NIT No.04/EE/Edu.(S-W)/2017-18.
2. Provide the certified copy of schedule of quantity.
3. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
4. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
5. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
6. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
7. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
8. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
9. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
10. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
11. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 14.06.2018. The PIO/A.E. (Planning), vide letter dated 25.07.2018 transferred the First Appeal to PIO/E.E. (Civil), PWD, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
(8) CIC/PWDDL/A/2018/169868 Information sought and background of the case:
The Appellant filed an RTI application dated 07.05.2018 seeking information on 38 points related to "Development Work in C/o 12 NosAdditional Classrooms in DOE School South West-A (School ID-1821026 06 Nos. Govt. Girls Sr. Sec.
Page 8 of 13School Chhawala New Delhi and 06 Nos. Govt. Sr. Sec. School Dhansa New Delhi OH: Composite works civil & Electrical)"
1. Kindly provide the certified copy (duly signed by competent authority ) of work order for work of "Development Work in C/o 12 Nos. Additional Classrooms in DOE School South West-A (School ID-1821026 06 Nos. Govt. Girls Sr. Sec. School Chhawala New Delhi and 06 Nos. Govt. Sr. Sec. School Dhansa New Delhi OH:
Composite works civil & Electrical)" So many bidders for the tender out of which L-
1. NIT No.03/EE/Edu.(SW)/2017-18.
2. Provide the certified copy of schedule of quantity.
3. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
4. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
5. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
6. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
7. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
8. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
9. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
10. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
11. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 14.06.2018. The PIO/A.E. (Planning), vide letter dated 25.07.2018 transferred the First Appeal to PIO/E.E. (Civil), PWD, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
(9) CIC/PWDDL/A/2018/169866 Information sought and background of the case:
The Appellant filed an RTI application dated 07.05.2018 seeking information on 38 points related to "Development Work in C/o 6. Additional Classrooms in DOE School South West-A (School ID-172003) Govt SarvodayaKanyaVidhyalayaGhitorni, MG Road, New Delhi(SH: Composite works civil & Electrical works)"
Page 9 of 131. Kindly provide the certified copy (duly signed by competent authority ) of work order for work of "Development Work in C/o 6. Additional Classrooms in DOE School South West-A (School ID-172003) Govt SarvodayaKanyaVidhyalayaGhitorni, MG Road, New Delhi (SH: Composite works civil & Electrical works. So many bidders for the tender out of which L-1. NIT No.05/EE/Edu.(SW)/2017-18.
2. Provide the certified copy of schedule of quantity.
3. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
4. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
5. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
6. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
7. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
8. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
9. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
10. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
11. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 14.06.2018. The PIO/A.E. (Planning), vide letter dated 25.07.2018 transferred the First Appeal to PIO/E.E. (Civil), PWD, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
(10) CIC/PWDDL/A/2019/100113 Information sought and background of the case:
The Appellant filed an RTI application dated 07.05.2018 seeking information on 38 points related to Development Work in C/o Boundary wall of plot allotted for New Govt. School at Village GoelaKhurd, New Delhi:
1. Kindly provide the certified copy (duly signed by competent authority ) of work order for work of "Development Work in C/o Boundary wall of plot allotted for New Govt. School at Village GoelaKhurd, New Delhi so many bidders for the tender out of which M/s Amit Kumar
2. Provide the certified copy of schedule of quantity.Page 10 of 13
3. Provide the computer generated copies of all challans /bills indicating of quantity of RMC Concrete , cement slump value and grade with time of departure from the RMC Plant which was verified by the PWD department person.
4. Provide the documentary details of payment made by contractor to the worker by cheques or ECS or online.
5. Provide the details of reimbursement of EPF and ESI contributions by the contradictor regarding the above said work order.
6. Provide the documents of Manufacturies test certificate or test certificate of material brought by contractor at site.
7. Provide the certified copies of Labour report (skilled /unskilled)engaged by the contractor at site of above mention work order.
8. Provide the completion Plans, L-Section , Cross Section of roads and cross section of drains construction by the contractor under above said work order.
9. Provide the invoices/bills of (RMC-M-10) and RMC-M-25/M-30.
10. Copy of supplementary agreement regarding maintain the execute work in good condition up to specific period mention in the agreement of above said work order.
11. Provide the copy of test report of DBD , of earth filling , to obtain required /desired percentage of compaction before laying of RMC, etc. The PIO/D.S. (Monitoring), vide letter dated 17.05.2018 transferred the RTI application to PIO/E.E. (M 133 N).
Having not received any reply from the PIO, the Appellant filed a First Appeal dated 25.06.2018. The PIO/A.E. (Planning), vide letter dated 25.07.2018 transferred the First Appeal to PIO/E.E. (Civil), PWD, which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The information sought in all the RTI applications is the same with different work order details at point no 01 of each application. Furthermore, as per the documents available in the Commission's record, identical replies are provided by the same Respondent in these matters. Hence, in order to avoid multiplicity of proceedings, a common decision is pronounced by the Commission in all the 10 instant Second Appeals.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone. He stated that complete information was not provided to him despite payment of the requisite fee as per the provisions of the RTI Rules, 2012. During the hearing, he specifically mentioned that although he had paid Rs. 7,500/- as fee, only a consolidated set of 1200 pages of documents was provided to him for all the instant 10 matters. He also pointed out that in none of the matters hearing was conducted by the First Appellate authority against the First Appeal.Page 11 of 13
The Respondent is represented by Shri Charan Tulsi Ram, EE- Edn-SW), PWD, Delhi through audio conference. He stated that subsequent to the payment of fees of Rs. 7500/- by the Appellant vide letter dated 03.07.2018 received on 07.08.2018, replies to the queries raised in each of the RTI application was provided to him vide several letters from 23.10.2018 to 27.10.2018. He desired to furnish a detailed explanation pertaining to the action taken against each RTI application which was not accepted by the Commission as he had the opportunity to do so after the receipt of the notice of hearing from the Commission. He also submitted that the Appellant was resorting to filing multiple RTI applications on the same issue and that even after the receipt of the aforementioned replies he had filed another RTI application with identical queries on 23.01.2019.
On being queried by the Commission regarding the reason for not informing the updated factual position in the matter after the receipt of the notice of hearing from the Commission, the Appellant feigned ignorance. On being further questioned if the First Appeal was decided in any of these matters, both the parties replied in the negative. The Respondent however informed the Commission that Shri M. K. Mahodia Chief Engineer, Projects, PWD is the FAA concerned with all the instant matters.
Decision Keeping in view the facts of the case and the submissions made by both the parties and taking into consideration that in none of the 10 matters listed for hearing, the First Appeals have been adjudicated, the Commission considers it a fit case to remand all the 10 cases to the FAA who is directed to submit a clear, cogent and reasoned order in all these matters deciding if complete information was provided to the Appellant after payment of the requisite fee or not. The aforementioned direction should be complied with by 31.10.2020 with a copy of the FAAs decision (s) endorsed to the Commission.
The Commission also notes that proforma RTI applications were filed by the Appellant raising the same 38 queries in 10 different RTI applications. Moreover, it was the duty of the Appellant to place before the Commission in his Second Appeals, the complete factual position regarding the responses sent to him between 23.10.2018 to 27.10.2018 on his RTI applications which was only communicated by the parties during the instant hearing. The Appellant is therefore advised to eschew filing multiple RTI applications/ Second Appeals on the same issues.
Page 12 of 13With the above directions, the instant Second Appeals stand disposed off accordingly.
Y. K. Sinha (वाई. के . िस हा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणतस ािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514 Page 13 of 13