Case No. CIC/SS/A/2012/003577. Case: Shri Ajay Sood Vs National Highway Authority of India. Central Information Commission
| Case Number | Case No. CIC/SS/A/2012/003577 |
| Counsel | For Appellant: Rajiv Kataria |
| Judges | Sushma Singh, Information Commissioner |
| Issue | Right to Information Act, 2005 - Sections 4(1)(b)(x), 8(j) |
| Judgement Date | August 26, 2013 |
| Court | Central Information Commission |
Decision:
Sushma Singh, Information Commissioner
1. Shri Ajay Sood hereinafter called the Appellant has filed the present appeal dated 6.5.2012 before the commission against the respondent National Highway Authority of India, Delhi. Advocate-Shri Rajiv Kataria was present on the behalf of the Appellant and the Respondent was present in the hearing. The Appellant through the RTI application dated 6.05.2012 sought information as follows: (1) the salary certificate of Shri Rajesh Gupta, General Manager (Finance) April 2012(2) The amount he is going to get from the department as he is getting promotion and seniority from the backdate with the CAT New Delhi Order dated 1 March 2012.
2. The CPIO transferred the RTI application to the PIO, NHAI vide letter no.:11041/131/2006-Adm./RTI-3969 dated 11.5.2012.
3. Being aggrieved with no reply from the CPIO, the appellant filed a first appeal cum letter before Mr. Vishnu Darbari, GM (coordination) and CPIO dated 15.6.2012 wherein appellant mentioned that "the information required by me has not yet been received. And My letter has been transferred to the PIO, NHAI by you but the PIO, NHAI has not given me the required information."
4. That in response to the first appeal cum letter, Mr. Vishnu Darbari, GM (coordination) and CPIO-NHAI issued one office memorandum vide O.M. no: 11041/131/2006-A/RTI-Rep/3969 dated 25.6.2012 which he address to Shri G. Suresh CGM (finance) and Appellate Authority, NHAI by which he requested Mr. G. Suresh, CGM (F&A) and Appellate Authority in the present matter to take appropriate action and dispose of the appeal. The FAA passed a FAO vide order no: NHAI/11033/CGM(FA)/RTI/2/2011/457 wherein FAA states as follows: (1) "Information as sought by is seem to be personal to Shri Rajesh Gupta, GM (F&A) in nature and also information available to NHAI in our fiduciary relationship with him. Hence an opportunity was afforded to Shri Rajesh Gupta, Gm (F&A) to represent in this matter. He has not agreed to have this information made available to you. (2) Hence, after careful consideration of your request, I have decided that his information sought by you is personal to Shri Rajesh Gupta and also...
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