PIO: The relevant records are not available - First Appellate Authority: The said information is a third party information, hence, the same cannot be provided u/s 8(1)(j) - CIC: PIO, NHAI to state on affidavit that correct information has been provided
7 Sep, 2018Facts:
The appellant vide RTI application dated 11.05.2016 sought information regarding entry and departure timings of the vehicle no. RJ 09 TA 0241 with effect from 18.02.2013 to 26.02.2013 as entered in the record book of the toll plaza, “Gangwar” (near village JOJRO) on the Chittorgarh-Bhilwada national highway and details of the toll taxes paid by the said vehicle during the above stated period. The CPIO replied on 14.06.2016. The appellant was not satisfied with the CPIO’s reply and filed first appeal on 13.07.2016. The First Appellate Authority (FAA)’s vide order dated 09.08.2016 disposed of the first appeal. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed a second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 22.08.2016.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Interim Order
Appellant : Present
Respondent : Shri J.L. Meena, Deputy General Manager cum PIO, National Highways Authority of India
On perusal of the case record, it was seen that no case papers were available in the case file. Hence, the Commission was constrained to consider adjourning the matter for want of necessary records/documents.
During the hearing, the respondent PIO submitted that they had provided the requisite reply vide their letter dated 14.06.2016. The appellant submitted that he filed the first appeal on 13.07.2016. However as the essential papers such as complete copy of the order of the First Appellate Authority (FAA) etc were not found in the case records, the appellant was requested to send all the requisite papers through e.mail to the Commission for record.
The registry of this bench is directed to fix another date for hearing . The case is adjourned.
Copies of the order be sent to the concerned parties free of cost.
Final Order : 13.07.2018
Appellant : Present
Respondent : Absent
The respondent was absent despite valid and timely notice of the CIC. The respondent was absent despite valid and timely notice of the CIC for which warning is issued to the concerned respondent PIO and Project Director, National Highways Authority of India. The concerned PIO should desist from committing such lapse in future. He should either take prior permission of the Commission before absenting himself from the hearing or he should send proper representative to the Commission’s hearing after obtaining due permission from the Commission for doing so and after briefing the authorised representative duly.
During the hearing, the appellant submitted that he was not satisfied with the reply received from the respondent.
The concerned registry of this bench is directed to send a copy of this order to the Chairman, National Highways Authority of India for information and necessary remedial action and action taken report to be submitted to the Commission within one month of the receipt of the order.
On perusal of the relevant case record, it was noted by the Commission that the respondent CPIO had claimed in its reply dated 14.06.2016 that relevant records are not available whereas the first appellate authority vide its order dated 09.08.2016 had claimed that the sought for information is a third party information, hence, the same cannot be provided u/s 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.
In view of the above, the PIO and Project Director, National Highways Authority of India is accordingly directed to state on affidavit to the Commission that the information provided on these points is factually correct, based on records and nothing is hidden therein with a copy duly endorsed to the appellant within 10 days of the receipt of this order. With the above observation/direction/warning, the appeal is disposed of.
Copies of the order be sent to the concerned parties free of cost.
[Amitava Bhattacharyya]
Information Commissioner
Citation: Dilip Joshi v. National Highways Authority of India in File No.: CIC/ NHAIN /A/2017/102258, Date of hearing: 20.03.2018, 13.07.2018