Central Information Commission
Mr.Aseem Takyar vs National Highways Authority Of India ... on 24 September, 2012
Central Information Commission
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Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000145
Dated: 24.09.2012
Name of Appellant : Shri Aseem Takyar
Name of Respondent : National Highways Authority of India
Date of Show Cause Hearing : 12.09.2012
ADJUNCT ORDER
In pursuance with the Commission's order of even number dated 29.05.2012 in the matter of Shri Aseem Takyar Vs. National Highways Authority of India, New Delhi, a show cause notice dated 25.06.2012 u/s 20(1) of the RTI Act, 2005 was issued by the Commission to Shri A.K. Singh and Shri Pratap Singh, the then Project Directors, NHAI, PIU, Gurgaon. The show-cause hearing took place on 12.09.2012, in which both Shri Ajay Kumar Singh, and Shri Pratap Singh, were present in person.
2. During the show cause hearing Shri A.K. Singh filed his written submissions in which he states that the RTI application dated 9.5.2011 addressed to CPIO, NHAI, HQ and the same was forwarded to Project Implementation Unit, NHAI, Gurgaon by NHAI Hqrs vide letter dated 27.5.2011 which was received by them on 2.6.2011. Since the information asked for related to the Project Highway, which pertains to the Concessionaire namely M/s. Delhi Gurgaon Super Connectivity Ltd. formerly known as M/s. Jaypee DSC Ventures Ltd, therefore, the CPIO requested the Team Leader of the 2 Case No. CIC/SS/A/2012/000145 Independent Consultant M/s. Stup Consultant (P) Ltd. with a copy to the Concessionaire M/s. DGSCL vide letter dated 15.6.2011 to provide required information at the earliest. Upon non receipt of any reply, the CPIO issued a reminder dated 28.6.2011 and again a second reminder was issued vide letter dated 26.7.2011. The respondent CPIO Shri A.K. Singh states that he was subsequently transferred out from the post of CPIO on 25.8.2011. Shri A.K. Singh submits that the appellant had filed around 38 RTI applications within 2 years during his tenure, which have been replied and, therefore, there was no intention on his part to deny information to the appellant.
3. Shri Pratap Singh, the other CPIO submits in his written submission that he took over as CPIO, Project Director, NHAI on 1.9.201. He states that the matter was not brought to his notice. He was subsequently transferred in March, 2012. He submits that during his tenure of six months the appellant has filed 28 RTI applications which have been replied to by him. He also submits that there is no intention on his part to deny the information to the appellant.
4. After hearing both the CPIOs the Commission is of the view that the holder of information in this case is the Concessionaire of the Project, which has been provided to the appellant after receiving the same from the holder of information. No malafide intention on the part of both the CPIOs is established. The proceedings u/s 20(1) of the RTI Act, 2005 against both of them is hereby dropped.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/SS/A/2012/000145 Address of the parties:
Shri A.K. Singh, [The then CPIO, NHAI, Gurgaon], M/s. Ircon International Ltd., C-4, District Centre, Sakeet, New Delhi-110017.
Shri Pratap Singh, [The then CPIO, NHAI, Gurgaon], Project Director, Rajasthan State Road Development & Construction Corporation Ltd., A-6, Basant Bihar, Sikar-332001.
Copy for information to:
The General Manager (Cord) & CPIO, National Highways Authority of India, G-5 & 6, Sector 10, Dwarka, New Delhi-110075.