Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 File No. CIC/LS/A /2010/000103 Complainant Shri Subhash Chand Aggarwal Public Authority CWG-2010 Date of hearing 16.11.2010 Date of decision 16.11.2010 Facts :- Heard today dated 16.11.2010. Appellant present. The CWG is represented by Shri N.P. Singh, Joint DG(Admn.) and Shri Y.D. Mehta, CPIO.
2. It is noticed that vide RTI application dated 3.8.2010, the appellant had sought the following information :-
1. Copies of agreements with all the firms mentioned in enclosed ET news-report also including GL Meroform, Nussli, a Swiss firm, ESG Arena D Art Indo consortium, PICO-Deepali consortium etc. in regard to forthcoming Commonwealth Games 2010.
2. Procedure to award contracts to firms as mentioned in query (1) above.
3. Names of partners of firms mentioned in query (1) above.
4. Actual cost of equipments like treadmill, chairs, refrigerators, umbrellas and other such items as also mentioned in enclosed news- report as compared to rent paid for such items for Commonwealth Games 2010.
5. Were Indian goods also examined before making hiring-agreements for items like treadmill, chairs, refrigerators, umbrellas and other such items.
6. Were Indian goods poorer in quality so as not fit for use at Commonwealth Games 2010.
7. Reasons for giving preference to imported hired goods as compared to Indian goods like treadmill, chairs, refrigerators umbrellas and other such items.
8. Complete and detailed information about imported goods/equipments purchased (like tissue rolls) for Commonwealth Games 2010 which are available in India itself.
9. Reasons for ignoring Indian made items in comparison to their imported counter-parts while making such purchases mentioning comparative cost of Indian made goods and of actually purchased imported counter-part.
10. Has some vigilance-body in UK initiated some probe in Commonwealth Games committee hiring AM Films UK limited or its associated company like AM Vehicle Hire Limited etc.?
11. Partners of AM Films UK limited or its associated company like AM Vehicles Hire Limited etc.
12. Report of the vigilance-body in UK on investigations made as in quer4y7 (8) above.
13. Details of all agreements/arrangements/payments made etc. to AM Films UK limited or its associated company like AM Vehicles Hire Limited etc. mentioning also if some amount is to be taken back from these films ?
14. Have AM Films UK limited or its associated companies like AM Vehicles Hire Limited etc. gone in liquidation?
15. Copy of the letter by the Commonwealth Games Federation to Organising Committee for Commonwealth Games Committee 2010 as mentioned in enclosed PTI news-report, and subsequent reply by Organising Committee for Commonwealth Games Committee 2010 mentioning also action taken on the said letter by the Commonwealth Games Federation.
16. Effect of adverse report of Central Vigilance Commission, if applicable to Organising Committee for Commonwealth Games Committee 2010.
17. Details of corruption brought to notice of Organising Committee for Commonwealth Games Committee 2010 through any means, public or private.
18. Person/s connected with Organising Committee for Commonwealth Games Committee 2010 who are to be responsible for corrupt doubtful deals connected with Commonwealth Games 2010.
19. Steps taken by Organising Committee for Commonwealth Games Committee 2010 to counter allegations of corruption if charges made in media are untrue.
20. Can an affidavit be filed by any responsible person like Shri Suresh Kalmadi from Organising Committee for Commonwealth Games Committee 2010 claiming absence of corrupt and doubtful deals in connection with Commonwealth Games Committee 2010 only in reference to Organising Committee for Commonwealth Games Committee 2010?
21. Total budget available at discretion of Organising Committee for Commonwealth Games Committee 2010.
22. Complete and detailed information on foreign-tours made in connection withy Commonwealth Games Committee 2010.
23. Names of sports-persons/countries having expressed inability to participate in Commonwealth Games 2010 mentioning reasons with copies of any such communications from them together with reply from Organising Committee for Commonwealth Games Committee 2010.
24. Complete and detailed information about enquiry made by Union Ministry for External Affairs and/or Indian High Commission at London in relation to Commonwealth Games 2010.
25. Any other related information.
26. File-notings on movement of this RTI petition as well.
3. It appears that the CPIO did not send a consolidated response to the appellant. He obtained responses from various APIOs and forwarded them to the appellant. The responses sent by various APIOs are dated 11.8.2010, 16.8.2010, 18.8.2010, 20.8.2010 and 24.8.2010.
4. Dissatisfied with the information supplied to him, the appellant had filed first appeal before Shri Udai Sahay, Additional Director General(Appellate Authority) but it was not decided by him. Hence, he has filed the present appeal before the Commission.
5. The appellant is heard. His submissions are as follows :-
(i) As regard paras 1 & 3, he submits that information was denied to him under section 8(1)(d) of the RTI Act. He challenges the position taken by the Public authority on the ground that there are serious allegations of corruption in regard to the transactions in-question and, therefore, the information needs to be disclosed in the larger public interest.
(ii) Regarding paras 10 to 22 & 24 to 26, the appellant submits that specific information in respect of these paras has not been provided to him.
6. As regards (i) above, Shri Mehta submits that CBI is now investigating the matter and no disclosure can be made at this stage u/s 8(1)(h) of the RTI Act. As regards (ii) above, he submits that no such information is available with the public authority. INTERIM DECISION
7. In the premises, the following interim order is passed :-
(i) As regard paras 1 & 3, notice may be issued to Director, CBI, to depute the concerned officers to appear before the Commission on 15.12.2010 at 1430 hrs to have their say in the matter.
(ii) As regards paras 10 to 22 and 24 to 26, the CPIO is hereby directed to revisit the matter and send a clear and categorical parawise response to the appellant.
8. The appellant will have the liberty to move the Commission again if he is not satisfied with parawise response of the CPIO. Sd/- (M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission. ( K.L. Das ) Assistant Registrar Address of parties :-
1. Shri Y.D. Mehta, CPIO, RTI Cell, Organising Committee for Commonwealoth Games Committee 2010, NDCC Tower-II, Opp : Jantar Mantar, Jaisingh Road, New Delhi-110016.
2. Shri Subhash Chandra Aggarwal, 1775, Kucha Lattushah, Dariba, Chandni Chowk, Delhi-110006.