Central Information Commission
CIC/AD/A/2009/000926
Dated August 21, 2009
Name of the Applicant : Shri S.S.Upadhyaya
Name of the Public Authority : Hotel Janpath
Background
1. The Applicant filed an RTI application dt.16.12.08 with the CPIO, Hotel
Janpath. He requested for the following information:
i) To provide the information of the S/I/T/C of LT Panel lighting work and
fire work during the last 6 years effecting from 2003 to 2008.
ii) To give the details of the 2006-2007 and 2007-2008 regarding all
electrical works done at Janpath Hotel such as Lighting, name of contractor
who executed relating to lighting, LT Panel and Fire works.
iii) Copy of all estimates which is checked by Shri M.V.Zila Singh in
Scruitny Cell during 6 years.
iv) Copy of the agreement between the management of Hotel Janpath and
M/s.ARNA house keeping services contractor along with first salary of the
employees, PF challan, ESI challan and his claim and also supply the copy of
Nov.2008 salary bill of all the employees working through him in Hotel
Janpath along with PF Challan and ESI Challan as well as claim of the
contractor.
The CPIO replied on 6.1.09 requesting the Applicant to give the name of
specific work for which information is being sought against points i to iii and
requesting him to deposit Rs.174/- towards supply of 87 pages of information
against point iv. Not satisfied with the reply, the Applicant filed an appeal
dt.6.5.09 with the Appellate Authority. The Appellate Authority replied on
28.5.09 upholding the decision of the CPIO. Being aggrieved with this
decision, the Applicant filed a second appeal dt.23.5.09 before the CIC stating
that the information sought is in public interest as he feels that the
Management of Janpath Hotel has violated rules and regulations and has
caused loss to the Corporation.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on August 21, 2009.
3. Shri Suresh Chandra represented CPIO, Hotel Janpath and Shri Manjeet
Singh represented the Appellate Authority .
4. The Applicant was present during the hearing.
Decision
5. The Commission noted that the Appellant had applied for information under
the RTI Act on a Union letterhead and warns him that the RTI Act is for
citizens to seek information with the objective of promoting transparency and
not for furthering the objective of any Union. However, in the present case
since the CPIO and the Appellate Authority have already responded to the RTI
request, the Commission takes a lenient view and allows the appeal, The
Commission also takes objection to the absence of both the CPIO and the
Appellate Authority at the hearing and considers it as a reflection of their total
disregard for the law.
6. After hearing both sides, the Commission directs the Appellant to clarify
within 5 days of the date of hearing the specific information he requires
against point and directs the CPIO to provide the information within 15 days
of receipt of the clarification from the Appellant. With respect to the
remaining points, the Commission holds that the information is already in the
public domain and accordingly directs the CPIO to provide a list of relevant
files to the Appellant to enable the Appellant to select those files he wishes to
inspect and to allow inspection of selected files only by the Appellant and to
provide him with certified copies of information he requires from those
inspected files, free of cost upto a maximum of Rs. 200/-. The entire exercise
to be completed by 30.9.09.
7. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri S.S.Upadhyaya
General Secretary
Ashok Hotel Mazdoor Janta Union
C-48-49, Ashok Hotel Staff Qtr.
Chanakyapuri
New Delhi 110 021
2. Shri Goutam Chatterjee
The CPIO & GM
Hotel Janpath
Janpath
New Delhi 110 001
3. Shri Rajiv Makin
The Appellate Authority &
Director (C & M)
India Tourism Development Corporation Ltd
6th Floor, SCOPE Complex
Core-8, Lodhi Road
New Delhi 110 003
4. Officer in charge, NIC
5. Press E Group, CIC