Information about withholding of security and earnest money in respect of a work order satisfactorily completed was sought by a contractor - PIO: it was withheld as per clause 52 of general conditions of contract 1999 - CIC: no intervention required
4 May, 2014O R D E R
RTI application
1. The appellant filed an RTI application on 30.5.2012 with the PIO seeking information about withholding of security and earnest money in respect of a work order satisfactorily completed. In all, information has been sought on 3 points. The addressee PIO forwarded the RTI application to the concerned PIO on 12.6.2012 under intimation to the appellant.
2. On not receiving any reply from the PIO, the appellant approached the Commission on 25.10.2012 direct in second appeal.
Hearing
3. The appellant did not participate in the hearing.
4. The respondent participated in the hearing personally and stated that the appellant was, through his RTI application of 2/30.5.2012, seeking information about withholding of his security and earnest money. The respondent explained that the appellant happened to be a contractor of manufacturing and fabrication work, who was awarded a contract of this work in the year 2002.
5. The respondent stated that pointwise reply to the RTI application was provided to the appellant on 21.6.2012 stating that the amount was withheld as per clause 52 of general conditions of contract 1999 and a copy of the rules was also provided to the appellant.
6. The action taken by the respondent is in conformity with the RTI Act.
Decision
7. No intervention of the Commission is required in the matter. The appeal is disposed of. Copy of the decision be given free of cost to both the parties.
(Vijai Sharma)
Information Commission
Citation: Shri Subhash Banerjee v. Northern Railway in Decision No. CIC/AD/C/2012/002359/VS/06579