CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2007/00543 dated 25-4-2007
Right to Information Act 2005 - Section 19
Appellant: Shri J.P. Sharma, Mumbai
Respondent: Ministry of Defence. (MoD)
FACTS
By an application of 8-8-06 Shri J.P. Sharma of Malad, West Mumbai
applied to Shri C. Prakash, Director and CPIO, Ministry of Defence seeking
the following information on Canteen Stores Department of MoD inviting
tenders with the condition that the transporters be registered with Indian
Banks Association (IBA):
“You will notice that the IBA takes no responsibility. It is not a
statutory authority and has no power to enforce its scheme.
That being so, please let me know the rationale behind insisting
on the registration with the IBA. A copy of the order, if any,
issued by the Ministry of Defence on this subject to the Canteen
Stores Department may kindly be supplied to me.”
To this he received a reply of 11.1.2007 from Brig S. C. Nair, DDG
Public Information as follows: –
“It is intimated that no such instructions of the Ministry of
Defence regarding awarding contracts to only those transporters
whose banks are member of IBA have been received by CSD,
HQ.”
Not satisfied with this response Shri J. P. Sharma moved his first
appeal before DG, (DC&W) Integrated, HQ, MoD on 25.1.2007, upon
which he received the response from Col. A. K. Sharma, Director, HRC
on 27.2.2007 informing him that his case was being re-examined “in
conjunction with ADG PI and Canteen Stores Department. Comments
on the issues raised in the appeal by you have been sought. You will
get a considered response shortly. Request accept response in 45
days instead of 30 days.”
In the mean time Shri J. P. Sharma also addressed a letter to Shri
Sanjay Kumar, Dy. Director & APIO, Department of Public Enterprises
seeking the following information;
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“(i) A copy of the government order under which public sector
enterprises have been ordered to insist that every
transporters must be IBA approved.
(ii) A copy of the policy laid down by the public sector
enterprises in this regard.
(iii) How this insistence helps the public enterprises in
resolving any dispute when IBA does not take any
responsibility.”
To this he received a clear reply on 19-2-07 as follow:
“It is clarified that Department of Public Enterprises has not
issued any guide lines on this issue for the compliance by
Central Public Enterprises.”
Appellant has then moved his second appeal before us with reference
to the application made to Ministry of Defence with the following prayer:
“I request that the CPIO may kindly be directed to furnish me the
information in the form in which was asked.”
This was on the grounds that response of 11-1-07 from CPIO, Brig.
S.C. Nair was “unrelated to my application dated 8-8-2007” (sic.). He has
enclosed a copy of the response received by him from the Department of
Public Enterprises clearly stating that the Dep’t. of Public Enterprises has not
issued any such guidelines.
The appeal was heard through videoconference on 28-8-2008. The
following are present.
Respondents
Brig. P.C. Chakraborty, CPIO of IHQ of MOD, DDGAE
Maj. M. Gahlot, CSO-1 (Legal) RTI Cell.
Shri K.K. Srivastava, AGM (Legal) CSD HO, Mumbai
Shri A.K. Gupta, Dy. Director (CS)/CMG Branch, Army HQ.
Although informed of the date of hearing through our letter of 18-8-08,
arrangement was made for him at NIC, Mumbai, appellant opted not to be
present.
Shri K.K. Srivastava, AGM (Legal) CSD HO, Mumbai submitted that
the information sought was for the copy of an order issued by Ministry of
Defence on the subject. Appellant Shri Sharma has been informed by the
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PIO that no such instructions from MOD have been received by CSD-Hq. He
admitted that, in fact, the tender document does specify bank approval issued
by Indian Banks Association. However, this is an old tradition, no record
regarding the origin of which is available. During the hearing, he displayed
tender notice of the canteen Stores Dep’t of 1995-96 also, carrying the same
condition worded “only IBA approved transporters need apply”.
Respondents were asked the reason why an application of 8-8-06 was
replied only on 11-1-07, i.e. overdue by 125 days. Maj. Gahlot submitted that
the original application, which was addressed to MoD, was received in Army
Hqrs. only on 14-8-06. Besides Shri J.P. Sharma did not submit it in his
individual capacity but as J.P. Sharma Carriers, and no fees were attached.
Fees were received on 17th October, 06 by IPO dated 7th October, 06. It was
only after this that the information was sought to be collated and having been
received only on 10-1-07, was sent to appellant on the very next day.
DECISION NOTICE
We find that the response to the RTI application is incomplete.
Appellant Shri J.P. Sharma has specifically asked two questions:
(i) The reasons for insisting on registration with the IBA; and
(ii) A copy of the order of the Ministry of Defence.
Only the second has been answered, although the first was explained
to us in the hearing. CPIO Brig. P. Chakraborty assured that the answer to
the first would be sent to the appellant Shri J.P. Sharma within 10
working days of the date of issue of this decision.
On the question of delay we are not satisfied with the explanation
provided in the hearing. Even if we have to concede that because the fees
was not received till 17-10-06, the response was not sent till then, information
still became due by 17-11-06. In fact it has been sent on 11-1-07, even then
a delay of 55 days. Maj. Manisha Gahlot will, therefore, enquire into the
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reasons for this delay between the time when the information would have
normally become due i.e. 8-9-06, assign responsibility on the defaulting
officials including those in MoD, obtain their explanations and submit a
report to us by 15th September, 2008 for consideration of further action by
this Commission.
The Appeal is allowed. There will be no cost.
Announced in the hearing. Notice of this decision be given free of cost to the
parties.
(Wajahat Habibullah)
Chief Information Commissioner
28-8-2008
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.
(Pankaj K.P. Shreyaskar)
Joint Registrar
28-8-2008
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