Central Information Commission, New Delhi
File No.CIC/SM/A/2011/001177
Right to Information Act2005Under Section (19)
Date of hearing : 3 November 2011
Date of decision : 3 November 2011
Name of the Appellant : Shri A K Venkatachalapathy
Advocate, 185/13, Seethammal Colony,
Gobichettipalayam, Erode, District,
Tamilnadu - 638 452.
Name of the Public Authority : CPIO, Central Vigilance Commission,
Satarkta Bhawan, Block A,
GPO Complex, INA, New Delhi - 110 023.
The Appellant was represented by Shri Rajkumar.
On behalf of the Respondent, the following were present:
(i) Shri Surendra Mohan, Director,
(ii) Shri Dal Chand
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard this case through video conferencing. The Appellant was
present in the Gobichettipalayam studio of the NIC through his representative.
The Respondents were present in our chamber. We heard both their
submissions.
3. The Appellant had wanted to know about the action taken on a complaint
CIC/SM/A/2011/001177
he had sent to the CVC against the NHAI in respect of the construction of a
particular road. The CPIO of the CVC informed him that the complaint had been
sent to the NHAI and, therefore, the RTI application was also transferred to
them. Thereafter, the Appellant preferred an appeal before the first Appellate
Authority which was also transferred to the NHAI.
4. During the hearing, the Appellant insisted that he had a right to know
about the investigations made by the CVC on the complaint preferred by him.
On the other hand, the Respondent submitted that the CVC had not found
anything of vigilance angle in the complaint and, therefore, had not conducted
any investigation on its own into this complaint and had instead transferred the
entire matter to the NHAI for further necessary action. If indeed, no
investigation had been conducted by the CVC, obviously, the CPIO cannot be
expected to provide any further details.
5. It is the NHAI which should provide whatever information is available in
respect of this particular complaint forwarded to them by the CVC. Therefore,
we direct the CPIO of the CVC to forward a copy of this order along with a copy
of the RTI application to the NHAI with the further direction that the CPIO of the
NHAI should provide the desired information to the Appellant directly within 15
working days of receiving this order.
6. Needless to say, the Appellant would be free to approach the first
Appellate Authority in the NHAI and, later, the CIC if he is not satisfied with the
information provided by the CPIO of the NHAI.
7. The appeal is disposed of accordingly.
CIC/SM/A/2011/001177
8. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Deputy Registrar
CIC/SM/A/2011/001177