Central Information Commission
Bollina Vankata Raja Chowdary vs Ministry Of Road Transport & Highways on 31 May, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MORTH/A/2022/146256
Bollina Vankata Raja Chowdary ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
M/o Road Transport & Highways,
Regional Office, RTI Cell, Gorle
Delappana Veedhi, Near American
Hospital, Punnami Thota, Vijayawada,
Andhra Pradesh-520010. .... ितवादीगण /Respondent
Date of Hearing : 25/05/2023
Date of Decision : 25/05/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 01/07/2022
CPIO replied on : Not on record
First appeal filed on : 06/08/2022
First Appellate Authority order : Not on record
Second Appeal dated : 23/09/2022
Information sought:
The Appellant filed an RTI application dated 01.07.2022 seeking the following information:1
"Sub: New highway road formation details ( NH-216) from kattipudi- Ongole in Andhra Pradesh State via. Kakimala-Yanam-Razalu-Narsapuram-Parmarru- Ongole.
Send following details on email:
1. Are you pay the sienarge to A. P Government.
2. How much pay the sienarge amount to A. P Government.
3. What based on calculating for the sienarge amount to A. P Government.
Send details through AP Govt cash receipts. "
Having not received any response from the CPIO, the appellant filed a First Appeal dated 06.08.2022. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Shashank Shekhar, EE (RO) & CPIO along with B Sai Sreenivas, PD/PIU & CPIO, NHAI Machilipatnam present through video-conference.
The Appellant stated that he is aggrieved with the fact that no specific response within the stipulated time frame has been provided to him by the CPIO. He further contested the fact that the CPIO has failed to comply with the provisions of Section 4(1)(b) of RTI Act as regards suo moto disclosure of information is concerned.
Shashank Shekhar, EE (RO) & CPIO, MoRTH invited attention of the bench towards his written submission dated 22.05.2023, relevant extracts of which are reproduced below in verbatim -
"...the application made by the applicant has filed the application on 01.07.2022 (received on 06.07.2023) which was transferred by CPIO of this office under section 6(3) of RTI Act to concerned public authority, Project Director, PIU, Machilipatnam, on 20.07.2021.2
2. Further, the appeal has been made by the applicant on 06.08.2022 (received on 12.08.2022) for which the FAA vide letter no. RO/VJA/Misc.38A-RTI /518 dated 16.08.2022 directed the concerned public authority (CPIO - Project Director, PIU, Machilipatnam to submit the details and submit the details/comments on the action taken.
3. It is to further inform that as intimated by commission the applicant has been given all the information as per its original application as intimated by CPIO -
Project Director, PIU, Machilipatnam (copies attached)."
Further, B Sai Sreenivas, PD/PIU & CPIO, NHAI Machilipatnam also reiterated the contents of his written submission dated 22.05.2023 wherein he inter alia, stated as under -
"....RTI application of Shri BVR Chowdary dated.01.07.2022 which was addressed to CPIO, Regional Office, Ministry of Road Transport and Highways, Vijayawada. The CPIO has forwarded the said RTI application to this office under section 6(3) of the an act, 2005 vide letter dated.20.07.2022. Further, the applicant has submitted his first appeal to First Appellate Authority i.e., Regional Officer, Ministry of Road Transport and Highways, Vijayawada on 06.08.2022. The FAA vide letter dated.16.08.2022 has directed the undersigned to furnish the information as requested by the applicant.
3. Further, it is to bring to your kind notice that the letters of CPIO and FAA dated.20.07.2022 and dated.06.08.2022 respectively were not received at our office either through post or email and therefore, this office could not furnish the reply to the RTI application. This office has thoroughly checked the records and haven't found the any record of receipt of the application or the letters of the CPIO and FAA.
4. Further, this office has furnished reply to the applicant vide this office letter dated.22.05.2023 ref(I) cited above. A copy of the reply furnished is enclosed below.3
5. Further, it is to highlight that that our office has a good record in processing RTI applications. In the fiscal year 2022.23, we received a total of 23 RTI applications, all of which were disposed of within the stipulated time frame. This incident stands out as an exceptional case....."
Decision:
The Commission at the outset, considering the submissions of the CPIO, NHAI, Machlipatnam hereby directs him to file an affidavit with the Commission with a copy of it duly endorsed to the Appellant (free of cost) deposing categorically that letters of CPIO and FAA dated.20.07.2022 and dated.06.08.2022 from the EE (RO) & CPIO, MoRTH were not received at his office either through post or email. The said affidavit should reach the Commission within 15 days from the date of receipt of this order.
Notwithstanding the aforesaid, the Commission observes from a perusal of records that the main premise of instant Appeal was non- receipt of reply from the CPIO. In response to which, both the CPIOs have categorically made their submissions and furnished replies to the Appellant against the instant RTI Application as mentioned above, which is as per the provisions of RTI Act.4
In view of the above, no further relief can be granted in the matter.
However, in the spirit of RTI Act, both the CPIOs are directed to share a copy each of their latest written submissions free of cost with the Appellant immediately upon receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5