RANJEET Vs. CENTRAL PUBLIC INFORMATION OFFICER

JUDGEMENT

(1.) THOUGH registered as a complaint, we are treating this matter as an appeal because in his communication dated 28.10.2013 to the CIC, the Appellant, without mentioning any particular section of the RTI Act, had prayed for provision of the information sought by him.

(2.) THIS matter pertains to an RTI application dated 10.8.2013 filed by the Appellant, seeking information on eight points regarding the contracts etc. granted in connection with Redevelopment of Connaught Place. The Appellant filed second appeal dated 28.10.2013 to the CIC, which was received by the Commission on 5.11.2013.

(3.) WE heard the submissions of the Appellant and the Respondents. The Appellant stated that the information sought by him has not been provided. The Respondents submitted that there was a change of CPIO in August 2013 when this RTI application was filed and it appears to have been misplaced during the process of change over. However, on receiving the Commission's notice for today's hearing, they provided some information to the Appellant and have made a reference to the NDMC for their permission to provide the remaining information sought by the Appellant. In this context, the Respondents submitted that they have carried out the work of Redevelopment of Connaught Place as an agent of NDMC and they hold the information concerning this work as an attorney of NDMC. Therefore, they cannot part with this information without the approval of NDMC, for which a communication was sent on 7.11.2014 and a response is still awaited from the NDMC. The Respondents have also brought to our notice the following clauses of their Turnkey Consultancy Agreement with the NDMC: - - "12.2 Use of Contract Documents and Information The Consultant shall not, without NDMC prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of NDMC in connection therewith, to any person other than a person employed/or authorised by NDMC in the performance of the Tender/Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far, as may be necessary for purpose of such performance. 12.3 The Consultant shall not, without NDMC's prior written consent, make use of any document or information containing any proprietary information (such as drawings etc.) of NDMC except for purposes of performing the Contract. 12.4 Any document containing any proprietary information of NDMC, other than the Contract itself, shall remain the property of NDMC and shall be returned, if issued to Consultant (in all copies without making any further copy) to NDMC on completion of the activities/project assigned under this contract. 12.5 The Consultant, and their personnel shall not, either during the term or after expiration of the Contract, disclose any proprietary or confidential information relating to the network, Contract or NDMC's business or operations without the prior written consent of NDMC."