Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.3856/IC(A)/2009
F. No.CIC/MA/A/2009/000205
Dated, the 13th April, 2009
Name of the Appellant: Shri. Sunil Bahl
Name of the Public Authority: NHPC Ltd.
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Facts
:
1. Both the parties were heard on 13/4/2009.
2. In the course of hearing, it emerged that the appellant has alleged
irregularities in appointment and promotion of staff. In this context, he submitted
a complaint to the Ministry of Power and the CVC. Consequently, the
respondent was asked to enquire the matter.
3. Through his RTI application, the appellant has asked for a copy of the
investigation report, which was refused to him u/s 8(1)(h) of the Act, on the
ground that the respondent has submitted the report to the Ministry of Power for
necessary action.
4. The CPIO stated that the report in question has been submitted to the
Ministry of Power for necessary action at their end. The copy of the report was
denied u/s 8(1)(h) of the Act, on the ground that the matter was investigated at
the instance of the Ministry of Power and the CVC.
Decision:
5. The appellant has asked for a copy of the investigation report, which was
prepared on the basis of a complaint filed by the appellant. As the respondent
has already investigated the matter and submitted its report to the concerned
Ministry, i.e., Ministry of Power, and that there is no on-going investigation in the
matter by the respondent, the denial of information u/s 8(1)(h) of the Act is
untenable.
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“If you don’t ask, you don’t get.” – Mahatma Gandhi
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6. The CPIO is, therefore, directed to disclose the copy of investigation
report and furnish a copy to the appellant within 10 days from the date of issue of
this decision.
7. The appeal is thus disposed of.
Sd/-
(Prof. M.M. Ansari)
Central Information Commissioner ii
Authenticated true copy:
(M.C. Sharma)
Assistant Registrar
Name & address of Parties:
1. Shri. Sunil Bahl, B-14, 1st floor, Jangpura Extension, New Delhi – 110 014.
2. Shri. Vijay Gupta, Company Secretary & CPIO, NHPC Limited, NHPC
Office Complex, Sector-33, Faridabad – 121 003.
3. Shri. A.B.L. Srivastava, Appellate Authority, NHPC Limited, NHPC Office
Complex, Sector-33, Faridabad – 121 003.
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“All men by nature desire to know.” – Aristotle
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