CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor, Block IV,
Old JNU Campus, New Delhi -110 066.
Tel.: + 91 11 26161796
Decision No. CIC /OK/A/2008/01100/SG/0780
Appeal No. CIC/OK/A/2008/01100/
Relevant Facts
emerging from the Appeal
Appellant : Mr. Mazuddin,
Contractor, 4/794, Ration Wali Gali,
Jamal Pur,
Aligarh.
Respondent 1 : CPIO,
Aligarh Muslim University,
Office of the PIO,
Aligarh.
RTI Application filed on : 29/11/2007
PIO replied : 31/12/2007
First appeal filed on : 13/03/2008
First Appellate Authority order : 01/04/2008
Second Appeal filed on : 25/06/2008
Information sought and replies, if any:
The appellant had sought information on the fact that he had filed a RTI application dt.
30/06/2006. He received its reply on 21/08/2007. The appellant was not satisfied with those
replies as they were not clear and were irrelevant. So the appellant had sought information on
those same points (with a condition that the copies of the documents send should be certified
either by the University Engineer or by the Registrar) which are as follows:
1) On perusal of your records it is found that there was no controversy in your Dept. till
30/12/2006, then how come all of a sudden the appellants Rs.3563.40/- got deducted?
2) As per your records, the appellants work was over by 20/06/2006 and the defective
liability period was over on 19/12/2006. Had any warning letter been send for any
defective work within that period? Did that letter contain all the three items that
should be mentioned in the warning letter on which the deduction was made? If the
information is available, then provide the detail information about the Painter, Tile,
Kota Stone Class on the date on which the work was defective?
3) Kindly provide the information about the date on which the defective work for which
the money was deducted got completed?
4) Whether the J.E.A.E supervisor, etc. were present on the site on that date when there
was defect in the work?
5) On which date it came to the knowledge of the J. E. A. E. U. E. of the Building Dept.
that the work was so defective that money is going to be deducted as the work cannot
be corrected?
6) When the matter was so serious then was any warning letter send informing that if the
work is not corrected within a fixed date then money would be deducted?
7) Kindly provide the information whether you stopped the work or gave any notice for
stopping the work when the contactor was doing defective work?
8) Whether J.E can M.B. the defect work? And if this crime is committed then if any
complaint has been registered against the J.E. A.E. or not?
9) Kindly provide the information whether the work of the Painter, Kota stone, tile work
class was defective?
10) Kindly provide the information about those items which were sent to me that were
contained in the 1st, 2nd, 3rd and final bill and the rate on which those bills were made.
The CPIO in his reply enclosed the copies obtained from the University Engineer Department
of Building. However, the appellant was not satisfied with the reply of the PIO, so he filed an
appeal before the First Appellate Authority.
The First Appellate Authority’s Order:
The FAA in its order stated that the appellant had been provided with the information as
desired for and disposed the appeal. Aggrieved with the decision of the FAA the appellant
has filed a second appeal.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Mazuddin,
Respondent: Mr.Musahib Ali
The respondent states that he has given a great amount of information to the appellant.
The appellant states he wants the following information:
The copies of the 1st, 2nd, 3rd and 4th and final bill, including copies of the Measrement
books. Consisting of pages 72,73,94,95,96,106,107,108,109.
The respondent claims he has given this earlier whereas the appellant claims he has not
received it. Based on the evidence it is not possible for the Commission to decide on this.
Decision:
The appeal is allowed.
The PIO will provide the information mentioned above to the appellant before
10 January, 2009
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
29th December, 2008.
(In any correspondence on this decision, mention the complete decision number)