Central Information Commission
Shri M.D.Sharma vs Nwr, Jaipur on 24 December, 2009
Central Information Commission
CIC/SG/A/2009/001162-AD
Dated December 24, 2009
Name of the Applicant : Shri M.D.Sharma
Name of the Public Authority : NWR, Jaipur
Background
1. The applicant filed a RTI application dt.6.12.08 with the PIO, NWR, Jaipur requesting for the following information/documents
i) True copies of all the Authorized level books in which the cross section levels were recorded to arrive at the 'done earthwork' under C.A.No.CPM/JP/KTT/CA/16 dt.15.2.2000 upto 12th running bill, based on which calculations & X-sections were advised vide Dy.CE(C)II-JP letter dt.9.10.03 to Dy.CVO-Jaipur
ii) True copies of the Site order register, Labour & T&P Register and Assessment register for the earthwork executed from 13th Running Bill to Final Bill under CA No. dt.15.2.2000.
iii) Actual date of completion of the work as executed under Tender No.AF/BKI/GC-4R & CA No. dt.15.5.2000.
iv) The final L-Section plan of the completed work for the earthwork executed in BTE-NBI section between KM:50 to 85 in connection with AF-BKI Gauge Conversion Project
v) Copies of the Final bill, Measurements & Quantity of the Earthwork as finally paid to the contractor against the tender No. No.AF/BKI/GC-4R & CA No. dt.15.5.2000
vi) Copies of all the graph sheets duly plotted with respect to initial levels & done level of earthwork against tender No.AF/BKI/GC/JP/4-R, 5 & 6(R) in connection with AF-BKI GC Project
vii) Quantity of earthwork as executed during Mega Block through special tenders between 50 Km to 85 Km (BTE-NBI Section) in connection with AF-BKI GC Project in the format furnished by him.
Shri Rajeev Singh, PIO in his letter dt.13.1.09 to the NCR, Allahabad stated that the case was referred to Nodal officer of construction department who in turn has informed that the record of T.No.AF/BKI/GC/JP/6 has been transferred to NCR Railway for execution of balance work and finalization of work and hence the original application is being enclosed and transferred for the concerned para and to provide required information with detailed reasons thereof in case of denial & submission of part information. The Applicant filed an appeal dt.29.1.09 with the Appellate Authority stating that PIO in his reply dt.13.1.09 had transferred the RTI application to NCR, Allahabad since the record of T.No.AF/BKI/GC/JP/6 has been transferred to NCR Railway for execution of balance work and finalization of work and that for the remaining documents the PIO has revealed that copy of these documents can not be supplied since the same are under custody of Vigilance Department of NWR. In another letter dt.26.2.09 to the Appellate Authority, the Applicant stated that Shri S.K.Singh, Dy.G.M(G) & PIO, NCR, Allahabad vide letter dt.27.1.09 in response to PIO, NWR, Jaipur letter dt.13.1.09 had stated that the case was sent to Dy. Chief Engineer/Construction(Works), NCR, Allahabad to provide the information who informed on the basis of Dy.Chief Engineer/Construction, NCR, Agra letter dt.27.1.09 that all the work shown in the application pertains to gauge conversion work of Agra Fort - Bandikui section executed by Dy.CE/C JP and since the case pertains to NWR, the case is transferred to NWR. On not receiving any reply, the Applicant filed a second appeal dt.4.5.09 before CIC stating that he was served a major penalty charge sheet on 27.2.06, one day before retirement after complete investigation & advice by Vigilance Department of NWR, Jaipur. During the disciplinary proceedings he demanded a copy of certain documents from the Inquiry Officer which formed the basic data/details of charge-sheet/documents relied upon in order to defend himself. However, the inquiry officer refused to provide the copy of such documents perhaps on the advice of Vigilance representative presenting the case from Vigilance side. He added that rejection of his RTI application is totally wrong since the charge sheet has already been served in Feb.2006 so it is safely presumed that the required investigations have already been completed by Vigilance Department in 2005-2006 before advising WCR to serve him charge sheet for major penalty.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for December 24, 2009.
3. Shri Rajeev Singh, PIO, Shri H.R.Yadav, AEN, Shri M.k.Sharma, APIO and Shri R.P.Yadav, OS represented the Public Authority.
4. The Appellant was present during the hearing.
Decision 5 The Respondents submitted that investigation is yet to be completed and after the findings the report would be sent to CVC for second stage advice and if the CVC desires to close the case then they have no problem in providing the information. But disclosure at this stage would impede the process of investigation in the sense that so the Applicant may influence the witnesses and thus change the direction of the case. The Appellant, however, stated that he was issued charge sheet for making over payment and his work was stopped upto 12th running bill and he seeks the copies of authorized level books only to ascertain whether any discrepancy is involved.
6. Commission on perusal of submissions on record, noted that the investigation has been completed and that the charge sheet has been issued and holds that any disclosure of information at this stage will not in anyway impede the process of investigation. As for the Respondent's contention that disclosure of statements by witnesses will affect the prosecution of offender, the Commission directs the PIO to provide complete information after severing under Section 10(1) all the information such as the identity of witnesses etc. which is exempt from disclosure under any of the subclauses of 8(1) of the RTI Act. The information to be provided by 30 January, 2010.
7 The appeal is disposed off accordingly.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri M.D.Sharma H.No.B-6, Subhash Colony Gali No.1 Kherli Phatak Kota 342 001 Rajasthan
2. The PIO North Western Railway Headquarter Office Hasanpura Road Jaipur
3. The Appellate Authority North Western Railway Headquarter Office Hasanpura Road Jaipur
4. Officer incharge, NIC
5. Press E Group, CIC