Central Information Commission
Rajesh Kumar Shukla vs South Eastern Coalfields Ltd. on 20 June, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/A/2016/001216
Date of Hearing : 02.06.2017
Date of Decision : 02.06.2017
Appellant/Complainant : Shri Rajesh Kumar Shukla
Respondent : CPIO, South Eastern Coalfields
Through:
Shri Sunil Kumar Gupta, PIO
Shri Dharma Rao, APIO
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 10.08.2015
PIO replied on : 25.08.2015
First Appeal filed on : 06.10.2015
First Appellate Order on : 07.11.2015
2nd Appeal/complaint received on : 16.11.2015
Information soughtand background of the case:
Vide RTI application dated 10.08.2015, the appellant sought copy of final report presented by the inquiry officer to SECL management on 23.01.2014. Copy of the action taken by the enquiry officer, Photocopy of Administrative Delegation of Power, SECL, certified copy of Financial Manual Volume 01 Part 01, Chapter no. 27 to 32 and other related information. The CPIO vide letter dated 25.08.2015 furnished certified copy of documents in respect to point no. 1 & 2 and in respect to point no 3 & 4 the CPIO stated that information does not available in this office. Further in response to point no. 04 RTI application transferred to the Kusmunda region and point no. 06 information is being collected from the Financial Department. Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA advised to appellant contact to concern person for remaining information.
Feeling aggrieved as not having received information & documents, the appellant approached the Commission. Relevant facts emerging during hearing:
Both the parties are present and heard. The appellant states that he was recruited under sports quota and was posted in Accounts Department by SECL where he was recruited as a general mazdoor. He states that there were certain allegations regarding his conduct in handling the accounts on the basis of which an internal inquiry was conducted on the reference of General Manager Finance. He states that the General Manager had constituted an internal inquiry committee comprising of three officers of SECL on 23.04.1994. He states that the aforesaid committee found him innocent and gave him a clean chit in the matter. He states that after the aforesaid incident he was promoted twice and there was no departmental action initiated against him till the matter was referred to CBI court. He asserts that he was convicted by the CBI court due to wrong information furnished by SECL before the court. In this backdrop he desires to obtain a copy of internal inquiry report dated 23.04.1994 wherein he was exonerated to prove his innocence before the appellate court. Per contra, the CPIO states that the information sought could not be traced despite best efforts. He states that there is no record pertaining to the aforesaid inquiry report in the office. The CPIO states that the appellant was dismissed from service upon conviction from CBI court in 2012. He states that in 1998, the CBI registered the case and relevant record was handed over to CBI. The CPIO states that the appeal preferred by appellant is pending in the High Court. Upon a query by the Commission as to how records relating to disciplinary proceedings could go missing till the conclusion of the departmental/criminal proceedings, the CPIO could not offer any plausible explanation.
Decision:
After hearing parties and perusal of record, the Commission finds that information on point No. 3 and 4 was not given. Loss of records is not an excuse under the RTI Act. The CPIO shall endeavour to locate the record and furnish the same to appellant within 4 weeks of receipt of this order. In the event record remains untraceable, the CPIO shall furnish certificate of loss/destruction of records sought under query No. 3 and 4 to the appellant, besides taking effective steps for reconstruction of records. Needful be done within one month of receipt of this order under intimation of compliance addressed to the Commission.
The appeal is allowed accordingly.
(Yashovardhan Azad) 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.
(R.P.Grover) Designated Officer Copy to:-
Senior Manager - Headquarters, First Appellate Authority under RTI South Eastern Coalfields General Manager - Siding, Limited Hqrs., P.B.No.-60, South Eastern Coalfields Seepat Road, Bilaspur-495006 Limited, Old Administrative (Chhattisgarh). Building, Seepat Road, Bilaspur-495006.
(Chhattisgarh).
RAJESH KUMAR SHUKLA S/o. Late Chandra Prakash Shukla, Near KOSA PIGHT, KHAPARGANJ, MARWADI LINE, BILASPUR (Chhattisgarh).