Issue regarding arbitrary collection of money from the road users by the transgender people at the toll plaza - PIO: NHAI took cognizance and with the assistance of Police authorities, the issue has since been resolved - CIC: Point wise response furnished
2 Jul, 2023Information sought:
The Appellant filed an RTI application dated 21.08.2022 seeking the following information:
“1. Rajchandrapur Toll Plaza NH2 in West Bengal Transgender People How Much Money Collect for Public.
2. Rajchandrapur Toll Plaza NH2 Authority Was Known Transgender People Collect Money Every People.
3.1f Rajchandrapur Toll Plaza Authority was Already Inform This What Kind of Action Taking Regarding this.”
The CPIO furnished a pointwise reply to the appellant on 06.10.2022 stating as under:
“Point No. 1 & 2: Such type of information not available to this office.
Point No. 3: This matter is related to Law & Order. Concessionaire M/s SVBTC has made written complaint to local Police Station several times against the transgender regarding collecting money from the road users.”
Being dissatisfied, the appellant filed a First Appeal dated 21.09.2022. FAA’s order, dated 27.09.2022, held as under:
“The query of applicant was forwarded to Rajchandrapur Toll Plaza. In response of the same Sr. Manager - Operation, Rajchandrapur Toll Plaza (M/s SVBTC Pvt. Ltd.) has replied to the same to Project Director, PIU Kolkata (under RO Kolkata) vide letter no. SVBTC/NHAI/SMO/2022-23/418 dated 08.08.22 which was forwarded to the applicant by PD PIU Kolkata vide letter no. NHAI/PIUKOL/PG/2022/2570 dated 11.08.22. However, the query of applicant has again been forwarded to PD PIU Kolkata vide letter no. 1824 dated 26.09.22 for providing complete / explicit reply as per availability directly to the applicant.”
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Represented by S. K. Nawajesh Ali, Deputy Manager present through video-conference.
The Appellant stated that he is aggrieved with the fact that the information furnished by the CPIO was not satisfactory.
The CPIO submitted that the genesis of impugned RTI Application is the issue raised by the Appellant regarding arbitrary collection of money from the road users by the transgender people at the toll plaza for which the Appellant has also made various complaints with the competent authority. In this regard, NHAI authorities took cognizance of the fact and with the assistance of Police authorities, the issue has since been resolved from 08.08.2022. As far as reply to RTI Application is concerned a point wise response has already been furnished to the Appellant.
Decision:
The Commission upon a perusal of records and after hearing submissions of both the parties finds no infirmity in the reply and as a sequel to it further clarifications tendered by the Rep. of CPIO during hearing, as these were found to be as per the provisions of RTI Act.
In view of the above, no scope for further relief lies in the matter.
The appeal is disposed of accordingly.
Saroj Punhani
Information Commissioner
Citation: Bitan Bhattachirjee v. National Highways Authority of India, CIC/NHAIN/A/2022/653834; Date of Decision: 06/06/2023