Central Information Commission
K. Balasubramaniam vs Comptroller & Auditor General on 14 November, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/CAGIN/A/2023/146074
K. Balasubramaniam ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: O/o. The Principal
Accountant General (Audit-II), ... ितवादीगण/Respondents
Chennai
Relevant dates emerging from the appeal:
RTI : 09.06.2023 FA : 17.07.2023 SA : 20.11.2023
CPIO : 05.07.2023 FAO : Not on record Hearing : 12.11.2024
Date of Decision: 13.11.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 09.06.2023 seeking information on the following points:
As per the Report of Comptroller and Audit General of Indla, on Economic Sector for the year ended March 2017, Government of Tamil Nadu, Report No.7 of 2017 In Paragraph No.3.2 - Deficiencies in operation sand quarries. As per image in Figure 3.8: 3D Image showing height difference 6.23 m "The consultant reported the volume of sand excavated from the site using the data processed based on actual depth of the individual pockets of mine. The volume of sand mined was repotted after analysing the data with reference to the four models adopted. We Page 1 of 5 relied on the volume of sand calculated on the basis of the Bentley Context Capture Method using the UAV data as it was the lowest. The total volume of sand excavated in Neyvasal and its adjacent Sannasinallur village worked out to 13.34 lakh cum as against the permitted quantity of 1.90 lakh cum. The additional volume of sand mined was 11.44 lakh cum valued at `21.02 crore adopting the PWD ex- quarry rates of 1,040 for 5.66 cum of sand. The value of additional quantity of 11.44 lakh cum of sand worked out on the basis of stockyard rate of` 3,100 for 5.66 cum was `62.66 crore" further it was also observed in the said Report that "Tamil Nadu Minor Mineral Concession Rules provides for levy of penalty for transportation of sand without valid transport permits at the rate of 25,000 per lorry load. The additional quantity of 11.44 lakh cum of sand reported as excavated at the quarry site worked out to 2,02,120 lorry loads (5.66 cum per lorry load with two-unit capacity). The penalty leviable for transportation of the additional quantity of sand without valid transport permits worked out to 505.30 crore".
(i) Provide me details of recovery to the value of additional quantity (total volume of sand excavated in Neyvasal and its adjacent Sannasinallur village worked out to 13.34 lakh cum as against the permitted quantity of 1.90 lakh cum i.e. excess of 11.44 lakhs of 11.44 lakh cum of sand worked out on the basis of stockyard rate of 3,100 for 5.66 cum was '62.66 crore, based on the Report of Comptroller and Audit General of India, on Economic Sector for the year ended March 2017, Government of Tamil Nadu, Report No.7 of 2017.
(ii) Provide me the details of recovery of penalty of Rs.505.30 crores (Tamil Nadu Minor Mineral Concession Rules provides for levy of penalty for transportation of sand without valid transport permits at the rate of '25,000 per lorry load.
The additional quantity of 11.44 lakh cum of sand reported as excavated at the quarry site worked out to 2,02,120 lorry loads (5.66 cum per lorry load with Page 2 of 5 two-unit capacity) collected based on the Report of Comptroller and Audit General of India, on Economic Sector for the year ended March 2017, Government of Tamil Nadu, Report No.7 of 2017.
(iii) Provide me the details of recovery made, penalty imposed, and action taken against the officials based on the recommendations of Comptroller and Audit General of India, on Economic Sector for the year ended March 2017, Government of Tamil Nadu, Report No.7 of 2017
(iv) Whether any action was taken on the District Collector, Cuddalore, Tamil Nadu and PWD officials of Cuddalore District who failed to comply with the Government of Tamil Nadu instructions of using the poclains judiciously and to ensure removal of sand in the approved area of quarry resulting in excess utilisation of poclains and removal of additional quantity of sand as observed from UAV technology besides loss of revenue of` 21.02 crore calculated at PWD rates.
2. The CPIO replied vide letter dated 05.07.2023 and the same is reproduced as under :-
(i) The Report of the Comptroller and Auditor General of India on Revenue Sector for the year ended 31 March 2017 Government of Tamil Nadu Report No.7 of 2017 was presented to the legislative assembly on 9 July 2018.
Hence, the details of recovery out of Rs.62.66 crore pointed out, are under the purview of the concerned Department and follow up action will be pursued by the Public Accounts Committee
(ii) The Report of the Comptroller and Auditor General of India on Revenue Sector for the year ended 31 March 2017 Government of Tamil Nadu Report No.7 of 2017 was presented to the Legislative Assembly on 9 July 2018.
Page 3 of 5Hence, the recovery of penalty of Rs.505.30 crores are matter of the concerned department and follow up action will be pursued by the Public Accounts Committee.
(iii) The details of recovery made, penalty imposed, and action taken against the officials based on the recommendations of Comptroller and Auditor-General of India, on Economic Sector for the year ended March 2017, Government of Tamil Nadu, Report No.2 of 2017 are matter of the concerned Department and follow up action will be pursued by the Public Accounts Committee
(iv) The details of action taken against the District Collector, Cuddalore, Tamil Nadu and PWD officials of Cuddalore district who failed to comply with the Government of Tamil Nadu instructions are matter of the concerned department and follow up action will be pursued by the Public Accounts Committee
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.07.2023 alleging that the information provided was incomplete, false and misleading. The order of FAA, if any, is not available on the record of the commission.
4. Aggrieved with the non-receipt of the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 20.11.2023.
5. The appellant remained absent and on behalf of the respondent Mr. Abraham, CPIO, attended the hearing through video conference.
6. The respondent while defending their case inter alia submitted that the report of CAG on Revenue sector was presented to the Legislative Assembly on 9th July, 2018, however, recovery of penalty amount and follow up of action is pursued by the Public Accounts Committee.
7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act. Further, in the absence of the Appellant to plead his case or contest the CPIO's submissions, the Page 4 of 5 Commission finds no scope of intervention in the matter. Accordingly, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 13.11.2024 Authenticated true copy Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO O/o. The Principal Accountant General (Audit-II), Tamil Nadu & Puducherry, CPIO, Lekha Pariksha Bhavan, 361, Anna Salai, Chennai - 600018
2. K. Balasubramaniam Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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