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Decision No. CIC/SG/A/2010/001239/11938
Appeal No. CIC/SG/A/2010/001239
Relevant Factsemerging from the Appeal:
Appellant : Mr. Ajay R. Mishra
61, Ratan Nagar Mankapur
Nagpur 440030
Respondent : Dr. B.M. Ganveer
Public Information Officer & Registrar
Ministry of Human Resource Development
Visvesvaraya National Institute of Technology,
Nagpur 440010
RTI application filed on : 23/11/2009
PIO replied : 25/12/2009
First appeal filed on : 04/01/2010
First Appellate Authority order : 05/02/2010
Second Appeal received on : 11/05/2010
Notice of hearing sent on : 11/03/2011
Hearing held on : 09/04/2011
Information Sought:
(1). Give specific information about type of MHS cover tested or spotted. Give reason of not
maintaining type of cover tested and date of testing etc. give photocopy of letter referred in the
test report 236/PWD dated 25/05/09.
(2). Please confirm type of test recommended by Doctor. Have you performed some test as
recommended? If changed, then why? Confirm type and size of MH Cover tested and given
copy of letter no. 762/OW/506 dated 06/12/2008 referred in the test report.
(3) Please check and confirm test report in type of MH Cover in test report. Please confirm
correction made by your laboratory without signature on correction. If you have not corrected
then inform specifically for correction & type of cover tested.
Reply of the PIO:
(1). – The type of the testing material mentioned in our test report is as per the request letter
of testing submitted by client along with the same testing material.
– The date of casting of M. H. cover is not under our preview. Hence not mentioned.
- Copies of letter referred are enclosed. (2) - We are regularly performing the failure load test of manhole cover for NMC. The
similar test was performed for the above referred test sample with due verbal
communication with NMC.
– The type of the testing material mentioned in our test report is as per the request letter
of testing submitted by client along with the same testing material.
- Copies of letter referred are enclosed. (3) - Corrections found on the letter submitted under reference, were not done by Institute.
The photocopies of the original office copy of the test report is enclosed here with.
– The type of the testing material mentioned in our test report is as per the request letter
of testing submitted by client along with the same testing material.
First Appeal:
The complete information was not provided.
Order of the FAA:
“With reference to your appeal under RTI Act dated 04.01.2010, I give my findings as under;
1. There is no excess demand of fees as the fees is charged @Rs. 2/- for each document whether
copy or created.
2. I have gone through the case, examined in details and satisfied that the information sought
point wise was supplied vide letter No. Adm/RTI/6787 dated 21.12.2009. However, the
concerned department has further clarified and the same is enclosed.
3. Other issues indicated in your appeal (Annexure-B) does not form a part of original application
and hence response to this does not lie with C.P.I.O. r –
4. The Department of Applied Mechanics who actually held the information sought by you. The
information received from this concerned department was forwarded to you and hence the
C.P.I.O. has made sincere effort to provide you the information.”
Ground of the Second Appeal:
Complete information was not provided. The FAA had also not given opportunity of hearing and
hence arbitrarily desposal of appeal.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Ajay R. Mishra on telephone through mobile no. 09822470185;
Respondent : Dr. B.M. Ganveer, Public Information Officer & Registrar;
The PIO has given the information as per the available records. The Appellant claims that some
body has inserted some words in pen on the typed written report given by the Institute. The PIO states
that this is not done at the institute as per their records and they can not be give explanation if some
body has written on the report later on.
Decision:
The Appeal is disposed.
The information available on the records has been provided.
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 April 2011
(In any correspondence on this decision, mention the complete decision number.) (SM)