Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2011/001068
Name of Appellant : Sh. B. K. Das
(The Appellant was not present)
Name of Respondent : M/o Water Resources
(Represented by Sh. R. K. Sund,
IS(B&B)/CPIO & Sh. Anuj Kumar, SJC
(B&B)/AA)
The matter was heard on : 19.10.2011
ORDER
Sh. B. K. Das, the Appellant, had filed an application dated 28.04.2010¸ seeking
information regarding various complaints of corruption in the Brahmaputra Board. The
CPIO replied vide letter dated 26.05.2010. Not satisfied with the reply, the Appellant
filed an appeal before the First Appellate Authority (FAA). The FAA vide his order dated
7.10.2010 decided as follows:
“As the appellant has already received the CPIO’s letters dated 25/26 th May, 2010 and
dated 27.07.2010 and in view of submissions made by appellant in his appeal dated
19.08.20 no separate action is required on his earlier appeal dated 22.07.2010. Further,
in order to consider the request of appellant, the CPIO had requested the appellant to
intimate the specific information sought for by him with clarity in accordance with the
provisions of the Act. The CPIO has not turned down the request of the appellant.
As regards to the request of appellant for supplying of information about the
document in connection with Dr. Amarjyoti Barua, G. M., Brahmaputra Board, the
appellant has requested under Para 5(d) of letter dated 28.04.2010 as below:
(i) Copy of the suspension order/reversion order of Dr. Amarjyoti Barua as
mentioned in para5(b)(4)(iii) above.
(ii) Copy of the appointment letters of present Chairman and G.M. and extension of
appointment if any as mentioned in para5(b)(3)(i) above.”
The CPIO has conveyed to appellant that his letter dated 28.04.2010 did not contain
para5(b)(4)(iii) & para5(b)(3)(i) which caused ambiguity. In response the
appellant in appeal dated 19.08.2010 has stated that the said para5(b)(3)(i) & para
5(b)(4)(iii) are contained at page 1 & 2 of his RTI application and highlighted in the
copy of his letter dated 28.04.2010 enclosed with appeal. Para5(b)(4)(iii) & para
5(b)(3)(i) as highlighted by the appellant in the copy of his letter dated 28.04.2010
enclosed with the appeal read respectively as under:
(iii) In the financial year 20092010, what was the budget provisions for works of
the Board? What was the expenditure against Works? Whether full budget
provision for works was exhausted? If not, what was the recorded reason for
failure of the Board of utilize the allotted fund for works?
(iv) As to whether any genuine complaints of corruption of said Dr.
Baruah was received in the MOWR before he was caught by the CBI? If so,
how many the complaints are received and when the complaints were
received?
After going through the contents of the letter, it is observed that the documents sought
for by the appellant in para 5(d)(i) and 5(d)(ii) do not tally with the contents of the paras
as stated in 5(b)(4)(iii) & 5(b)(3)(i) respectively and therefore lacked clarity and led to
ambiguity to CPIO.
It is also observed that the information/documents as sought for by the appellant in
his letter dated 28.04.2010 are not held by the CPIO.
However, the information/documents as requested by the appellant in his letter dated
28.04.2010 are closely related with the functions of Vigilance Section/EIII (BBE)
Section of Ministry of Water Resources and Brahmaputra Board. As such the information
/ documents are to be provided by them.
In The light of the above, the first appeal is decided accordingly. Let a copy of this
decision be sent to the appellant, the CPIO and CPIOs dealing with the matters of
Vigilance Section/EIII (BBE) Section of Ministry of Water Resources and Brahmaputra
Board.”
The FAA endorsed copies of his decision to Sh. K. K. Shaw, Section Officer
(Vig.) & the CPIO. However, Sh. A. C. Trivedi Section Officer / CPIO, M/o Water
Resource, and to Sh. G. P. Singh, Secretary & CPIO, Brahmaputra Board for providing
information related to them.
In compliance to the aforementioned directions of FAA, Sh. S. V. Singh, Dy.
Secretary (Vigilance) / FAA has vide his letter dated 15.11.2010, provided information
related to Vigilance Section of M/o Water Resources. The Officials representing
Respondent public authority during the hearing submitted that they are not aware of
compliances to the directions of the FAA by Section Office Establishment, M/o Water
Resources or by Sh. G. P. Singh, Secretary & CPIO, Brahmaputra Board, Basistha,
Guwahati.
[
Having heard the Respondent and on perusal of the relevant documents on file, the
Commission hereby directs the remaining two officers i.e. Sh. A. C. Trivedi, Section
Officer, M/o Water Resources and Sh. G. P. Singh, Brahmaputra Board, Basistha,
Guwahati, to provide requisite reply to the Appellant, as per the directions of the FAA
within 15 days of receipt of the Commission’s order. Sh. R. K. Sund, U.S. (B&B) /
CPIO, M/o Water Resources is hereby directed to convey the directions of the
Commission to the aforementioned officials within 5 days of receipt of Commission’s
order.
The Commission also observes that the Dy. Secretary (Vig.) / FAA in his reply
dated 15.11.2010 has replied that any action against Sh. Trilochan Barwah, now on
deputation with M/o DONER, is to be taken by the Brahmaputra Board. Therefore, no
such information is available with Vigilance Section, M/o Water Resources. The
Commission, therefore, hereby directs the Dy. Secretary, Vigilance to transfer this
particular query also to the CPIO Brahmaputra Board u/s 6(3) of the RTI Act, for
requisite reply on this point. With the directions the matter is disposed of on the part of
the Commission.
(Sushma Singh)
Information Commissioner
24.10.2011
Case No. CIC/SS/A/2011/001068
Authenticated true copy
(D. C. Singh)
Dy.Registrar
Copy to:
1. Sh. Bimal Kanti Deb, P.O._Katirail, D. Strict – Cachar,
Assam788805.
2. Sh. R. K. Sund, US(B&B)/CPIO, M/o Water Resources, 5th
Floor, Mohan Singh Place, Bab Kharak Singh Marg, New
Delhi110001.
3. Sh. Anuj Kamal, S.J.C.(B&B) / FAA, M/o Water Resources,
5th Floor, Mohan Singh Place, Bab Kharak Singh Marg, New
Delhi110001