Central Information Commission
Shri Sarvajeet Kumar vs Northern Coalfields Limited on 30 October, 2009
CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2009/000669
& F.No.CIC/AT/C/2009/000587
Dated, the 30th October, 2009.
Appellant : Shri Sarvajeet Kumar
Respondents : Northern Coalfields Limited
This matter was heard on 26.10.2009 through videoconferencing (VC). Both parties were notified to be present at NIC VC facility at Sonbhadra for the VC hearing. When hearing commenced, appellant was absent. CPIO was present. Commission conducted the hearing from its New Delhi office.
2. Appellant's RTI-application dated 11/13.04.2009 was replied to by the CPIO on 05.05.2009 and, on being considered by the Appellate Authority, was upheld through AA's order dated 13.07.2009. A copy of the appellant's RTI-application is enclosed to this order.
3. Respondents have declined to disclose any information to the appellant on the ground that his queries were a series of interrogatories answering which was beyond the scope of Section 2(f) of the RTI Act.
4. On examination of the documents filed by the appellant and after hearing the respondents, I find that queries at Sl.Nos.1 and 6 are interrogatories. Replying to these has been rightly declined by the respondents.
5. However, queries at Sl.Nos.2 to 5, though seemingly couched in interrogatory language, do relate to identifiable information and, therefore, merit disclosure.
6. It is, therefore, directed that respondents/CPIO shall furnish replies corresponding to these queries to the appellant within two weeks of the receipt of this order.
7. Appeal disposed of with the above directions.
AT-30102009-12.doc Page 1 of 2 Complaint No.CIC/AT/C/2009/000587:
8. Appellant has also filed a complaint against the respondents for wrongful denial of information with mala-fide intention.
9. Upon perusing the records and on hearing the submissions of the respondents, I do not find any trace of an evidence to prove that the respondents' actions were motivated or with mala-fide intention. As such, there shall be no penalty proceeding in this regard.
10. Complaint closed.
11. Copy of this direction be sent to the parties.
( A.N. TIWARI ) INFORMATION COMMISSIONER AT-30102009-12.doc Page 2 of 2