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Central Information Commission

Ashish Gupta vs Gnctd on 6 February, 2026

                                     के   ीय सूचना आयोग
                              Central Information Commission
                                   बाबा गंगनाथ माग,मुिनरका
                               Baba Gangnath Marg, Munirka
                                नई द ली, New Delhi - 110067
ि तीय अपील सं       ा / Second Appeal No. CIC/GNCTD/A/2024/120605

 Ashish Gupta                                                 ... अपीलकता/Appellant

                                      VERSUS
                                       बनाम

 CPIO
 Public Works Department
 (Education)
 GNCTD                                                     ... ितवादीगण/Respondent

Relevant dates emerging from the appeal:

 RTI : 03.03.2024               FA    : 10.05.2024            SA      : 26.06.2024

 CPIO : 04.05.2024              FAO : Not on record           Hearing : 03.02.2026


Date of Decision: 06.02.2026

                                      CORAM
                 Chief Information Commissioner: RAJ KUMAR GOYAL
                                      ORDER

1. The Appellant filed an RTI application dated 03.03.2024, before the CPIO, Public Works Department, Education, North West Division, GNCTD, seeking information as under:

"Please provide copy of final bills (paid or unpaid) of all the SPS school project works under priority-2 finalized Under M-331, Edu.maintainance North West PWD Delhi since 01.07.2021 till date.

Note: The above information is required in public interest. The copy of measurements and bill's may be E-mailed to my I'D [email protected] ([email protected]) OR If the department intends to provide hard copy of the above documents the amount of photocopy to be deposited may please be conveyed."

2. The CPIO, Public Works Department, Education, North West Division, GNCTD, replied to the RTI Application on 04.05.2024, as under:

"In reference to above matter, it is stated that the information sought is regarding Third Party. As per RTI Act. 8(i), information cannot be provided."

3. Dissatisfied with the reply provided by the CPIO, the Appellant filed a First Appeal dated 10.05.2024, before the FAA & SE-III, Public Works Department, Education, North West Division, GNCTD, inter alia, stating as under:

"..In the above reference it is submitted that the desired information is regarding final bills and measurements verified and paid by the department and does not include any third party as per RTI act 8(i). Rather as per CPWD norms all the bills and measurements verified and paid by the department are to be uploaded in the public domain..."

4. The FAA's order, if any, is not available on record.

5. Aggrieved with the non-receipt of the FAA's order, the Appellant approached the Commission with the instant Second Appeal on 26.06.2024, inter alia stating as under:

"As the desired information is not associated with any 3rd party, and is regarding payments made by PWD for school projects. So, you are requested to instruct the concerned officials to provide us the desired information..."

Hearing Proceedings & Decision

6. The Appellant was present during the hearing in person. On behalf of the Respondent, none appeared.

7. The Appellant reiterated the above stated grounds of second appeal and contended that the disclosure of the information is relevant/required, to monitor the development of infrastructure, including those related to the safety of students.

8. The Commission after adverting to the facts and circumstances of the case, observes that the CPIO's reply does not refer to any exemption in terms of Section 8(1) of the RTI Act for the denial of the information and is therefore an improper and evasive reply. Further, the FAA has prima-facie failed to decide the First Appeal.

9. In the considered opinion of this Bench, the nature of the information sought by the Appellant and the claim of 'third party' by the CPIO, sparingly points at the applicability of Section 8(1)(j) of the RTI Act, in respect of the individuals whose name and identifying particulars may figure in the averred bills. The Appellant's argument that these bills concern infrastructure of schools, and therefore cannot be treated as 'third party' information bears merit to a certain extent, in so far as the square denial of the information is concerned.

10. In view of the above, the Commission directs the CPIO to provide a revised reply to the Appellant as per the provisions of the RTI Act, i.e by specifying the applicable exemption of Section 8(1) of the RTI Act for denying the copy of the complete bills to the Appellant. In doing so, the CPIO is also directed to ensure that the portions/contents of the bills that do not attract the exemptions in terms of the provisions of the RTI Act, as applicable, are redacted suitably as per Section 10 of the RTI Act and provided to the Appellant. The said revised reply of the CPIO must be provided free of cost to the Appellant, within two weeks of the receipt of this order, under intimation to the Commission.

11. Further, the Commission takes exception to the absence of the CPIO during the hearing, without any advance prayer for leave, and for disregarding the instructions given at paras 3(a) and 4(b) of the notice of hearing dated 17.01.2026. Now, therefore, the CPIO is directed to send an explanation stating the reasons for acting in defiance of the Page 3 of 4 Second Appeal No. CIC/GNCTD/A/2024/120605 stipulations contained in the notice of hearing. The said written explanation of the CPIO must reach the Commission, within two weeks of the receipt of this order, without fail.

12. It is furthermore relevant to observe that the FAA has also abdicated its statutory duty under the RTI Act to decide the instant First Appeal, which renders the channel of First Appeal redundant.

13. A copy of this order is endorsed to the FAA to take note of the observations of the Commission and to ensure that First Appeal(s) are decided as per the mandate of the RTI Act, without fail.

14. The Appeal is disposed of accordingly.

A copy of the decision be provided free of cost to the parties.

Sd/-

(Raj Kumar Goyal) (राज कुमार गोयल) Chief Information Commissioner (मु सूचना आयु ) िदनां क/Date: 06.02.2026 Authenticated true copy Bijendra Kumar (िबज कुमार) Dy. Registrar (उप पं जीयक) 011-26186535 Page 4 of 4 Second Appeal No. CIC/GNCTD/A/2024/120605 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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