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Central Information Commission

R S Sravan Kumar vs National Thermal Power Corporation ... on 31 October, 2019

                                के न्द्रीय सूचना आयोग
                      Central Information Commission
                           बाबा गंगनाथ मागग, मुननरका
                       Baba Gangnath Marg, Munirka
                         नई दिल्ली, New Delhi - 110067



नितीय अपील संख्या / Second Appeal No. CIC/NTPCO/A/2018/618799


R S Sravan Kumar                                            ... अपीलकताग/Appellant


                                      VERSUS
                                       बनाम


CPIO, National Thermal Power                             ...प्रनतवािीगण /Respondent
Corporation Limited, New Delhi


Relevant dates emerging from the appeal:

RTI : 17.12.2017           FA      : 11.03.2018             SA     : 03.05.2018

CPIO : 08.02.2018          FAO : not on record              Hearing : 25.10.2019


                                    ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), National Thermal Power Corporation Limited (NTPC), New Delhi seeking information on two points pertaining to Alternative mode of Dispute Resolution (ADR) in NTPC including, inter-alia, (i) how many construction contracts with value more than Rs.50 lacs Page 1 of 4 were referred to ADR by NTPC in the last 15 years. and (ii) whether changes with respect to amendments in Indian Arbitration and Conciliation Act, 1996 were incorporated by NTPC during appointment of arbitrators.

2. The appellant filed a second appeal before the Commission on the grounds that the respondent has not furnished correct reply to the information sought for . The appellant requested the Commission to direct the respondent to provide the informatin sought by him.

Hearing:

3. The appellant, Shri R S Sravan Kumar attended the hearing through video conferencing and the respondent, Shri Shantimoy Nandan, Additional General Manager, CPIO, National Thermal Power Corporation Limited, New Delhi was present in person.

4. The appellant submitted that every contractual dispute has financial implications and such details shall be maintained by every institution for certain period as per Public Records Act, 1993 and Public Records Rules, 1997 or their respective record retention schedule. Further, the annual report of NTPC made several references regarding ongoing arbitration disputes, which busters the claim of CPIO that the information is scattered and cannot be complied. The appellant requested the Commission to direct the respondent to provide information for the last 10 years, if readily available with them.

5. The respondent submitted that pointwise reply has been provided to the appellant vide letter dated 08.02.2018. However, the information sought for vide point no. 1 pertains to data for last 15 years and same is voluminous in nature and is not readily available with the CPIO in the manner as sought by the appellant, collating and compiling of which would disproportionately divert the resources of the respondent organization. Nevertheless, the respondent agreed to provide data which is readily available with them, for the last 10 years, to the appellant.

Decision:

6. The Commission, after hearing the submissions of both the parties and perusing the records, notes that the information sought for vide point no. 1 pertains to construction contracts referred to Alternative mode of Dispute Resolution (ADR). The Commission observes that such matters are reviewed by the management on a regular basis. Hence, it cannot be said that the aforesaid information would not be available in the company's database. The Commission therefore directs the respondent to provide the details including the breakup for each type of dispute of contracts with value more than 50 lacs referred to alternate mode of dispute resolution by NTPC in the last 10 years to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 30.10.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:

1. The First Appellate Authority (FAA) National Thermal Power Corporation Limited, Corporate Office, NTPC Bhawam, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi-110003

2. The Central Public Information Officer (CPIO) National Thermal Power Corporation Limited, Corporate Office, NTPC Bhawam, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi-110003

3. Shri R S Sravan Kumar Page 4 of 4