Central Information Commission Judgements

Mr.Bhaskar Jada vs Department Of Space on 9 September, 2011

Central Information Commission
Mr.Bhaskar Jada vs Department Of Space on 9 September, 2011
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796

                                                     Decision No. CIC/SM/A/2010/001551/SG/14504
                                                            Appeal No. CIC/SM/A/2010/001551/SG

Relevant facts emerging from the Appeal:

Appellant                            :               Mr. Bhaskar Jada
                                                     Bare Pandrangam (village)
                                                     Pernodu Post, Sullurpeta Taluk
                                                     Nellore District

Respondent                                   :       Mr. S. Satish
                                                     PIO & Director
                                                     ISRO-Department of Space
                                                     Antariksh Bhawan,
                                                     New Bel Road, Bengaluru-94

RTI application filed on             :       24/06/2010
PIO replied on                       :       27/07/2010
First Appeal filed on                :       02/09/2010
First Appellate Authority order on   :       Not mentioned.
Second Appeal received on            :       10/11/2010

Sl.       Information Sought                                         Reply of PIO
1. Cost of equipment and material        Cost of equipment and material procured by Telecom SHAR from
    procured by Tel. Comms. SHAR         April 01,2008 to March 31,2010 s Rs.2,59,29,900.
    from 01/04/2008 to 31/03/2010.
2 Authority that Indents/procures        Telecom officials based on the Need Aspect Committee approvals,
    Tel. Com. Material.                  availability of budget, will raise indents to procure telecom materials
                                         with necessary approvals of Controller/Director. Procurement is by
                                         Purchase Division as per the approved purchase procedures.
3   Stock Holding authority and          The information sought is exempted from disclosure under section 8(1)
    issuing authority.                   (j) of the RTI Act, 2005 for security reasons.
4   how      many      time    Stock     The physical stock verification of Telecom Division was conducted by
    Verification Committee carried       stock verification Committee during 2007 & 2008 for 2009-2020, the
    out verification for the last ten    commencement of physical verification of items in progress.
    years.
5   Authority                            No labour is engaged directly by Telecom. Work contracts are
    certifying/recommending              tendered, bills for such contract works will certified by supervising
    contract bills vis-à-vis payment     persons of Telecom and Dy. Head and approved by Head Telecom.
    of minimum wage to the labour.       Payment will be processed by Accounts. Regarding minimum wages,
                                         rates as applicable from that of the Dist. Collector's orders need to be
                                         paid by the contractor. To this effect a clause is incorporated in the
                                         work orders.

Grounds for the First Appeal:
The Appellant was not satisfied with the reply of the PIO.

Order of the First Appellate Authority (FAA):
No order.

Ground of the Second Appeal:
The Appellant did not receive any order/reply from the FAA.
 Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Absent;

Respondent Mr. S. Satish, PIO & Director on video conference from NIC-Bengaluru Studio;

The PIO has not given information on query-3. He states that divulging this information could
harm the strategic interest. In view of this the Commission directs the PIO to provide the information
about the designations of the stock holding authority to the Appellant.

The PIO has not provided the appropriate information with respect to query-5. The Appellant has
sought to know if any officer is certifying whether the minimum wages are paid by various contractors
to their labour. If there is any officer who is certifying that the minimum wages are paid to the
labourers on contract, the name and designation of such an officer should be provided. If this is not
being done this should be stated.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information as directed above to the Appellant
before 30 September 2011.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
09 September 2011
(In any correspondence on this decision, mention the complete decision number. (NS)