SSI unit owner sought a copy of the measurement sheet based on the actual execution & based on actual measurements certified by the project manager concerned - CIC: Provide the information even if requires procuring the information from the concessionaire
The Appellant filed an RTI application dated 17.08.2020 seeking the following information:
“This takes reference to the Sanction accorded to the Issuance of Information/Document sought under the RTI ACT 2005. In this context, it is submitted that I am running an SSI unit at Srinagar Jammu & Kashmir registered with District Industries Centre, Kashmir & I received an order of fabrication of shuttering plates from your sub-contractor Ramky Infrastructures Ltd., Hyderabad, which is your executing agency for SBEL Project in Jammu & Kashmir (Project Name & Location: RIL — Srinagar Road proj. NH1A, Near B.Ed. College, Lethpora, Km-271+000, Pampore, Awantipora, Pulwama District Srinagar-192122 J&K India). I've accomplished the work on time & received the payments. However, they told me verbally to Repair old Shuttering plates at Vessu Camp, Kashmir. Inside the Camp, I repaired the quantity of 84.148 MTS plates, Weighed & authenticated by the weigh bridge operator & concerned Store. The Site Engineer prepared the measurement sheet of the repaired plates reviewed by section in charge, Checked by Q.S & accepted by me. Then the A.G.M Structures signed & forwarded the bill to Planning & Accounts section at Lasjan Srinagar for payments. They also have the details of those plates in their SAP/non-SAP accounts. Till today, I've not received the payments of those plates & they made it a disputed matter.
…………………. kindly issue the necessary order & provide the copy of the measurement sheet of 2017 based on the actual execution & based on actual measurements certified by the project manager concerned.”
Having not received any response from the CPIO, the appellant filed a First Appeal dated 19.09.2020. FAA’s order, if any, is not available on record. Feeling aggrieved and dissatisfied with the non-receipt of information, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Arun Kumar Pinjare, PD/PIU & CPIO, NHAI, Srinagar along with Virender Sambyal, GM & CPIO present through audio conference.
The CPIO, NHAI, Srinagar submitted that a reply to the RTI Application was provided to the Appellant on 28.01.2021 after seeking the requisite input from the concerned concessionaire wherein it was informed that whatever payment was due has been made to the Appellant.
The Commission counselled the Appellant regarding the scope and ambit of the RTI Act with respect to his request for settlement of alleged payments and dispute with the averred concessionaire and advised him to pursue the grievance before the appropriate forum.
The Appellant stated that irrespective of the issue of the payment, the CPIO ought to have provided the remaining information sought for in the RTI Application which is the measurement sheet of 2017.
The CPIO submitted that the measurement sheet etc. is not held in the records of NHAI but is the concern of the concessionaire who is engaged by NHAI under a PPP agreement.
The Commission based on the specific contention of the Appellant during the hearing directs the CPIO to provide the available information regarding the measurement sheet as sought for in the RTI Application. In the event that the concerned record holder is the concessionaire, the CPIO shall procure the available information from the concessionaire and provide the same directly to the Appellant free of cost within 15 days from the date of receipt of this order. A compliance report to this effect be duly sent to the Commission by the CPIO immediately thereafter.
The appeal is disposed of accordingly.
Citation: Aaqib Ahanger v. National Highways Authority of India in File No: CIC/NHAIN/A/2020/136366, Date of Decision: 25/01/2022