Central Information Commission
C K Singhania vs Ministry Of Coal on 22 May, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MCOAL/A/2017/177815
C.K. Singhania ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, M/o Coal, CBA-II Section, ...प्रनतवािीगण /Respondents
New Delhi.
CPIO,M/o Coal, CA-I Section,
New Delhi.
CPIO, M/o Coal, IF Section,
New Delhi.
CPIO, M/o Coal, PCA Section,
New Delhi.
CPIO, M/o Coal, CLD/CPD
Section, New Delhi.
CPIO, M/o Coal, LA & IR
Section, New Delhi.
CPIO, Coal India Ltd.,
Rajarhat, Kolkata.
CPIO, Central Coalfield Ltd.,
Ranchi, Jharkhand.
Page 1 of 6
Relevant dates emerging from the appeal:
RTI : 22.07.2017 FA : 18.09.2017 SA : 08.11.2017
CPIO : 11.08.2017, 17.08.2017
18.08.2017, 31.08.2017(2) FAO : No Order Hearing : 10.05.2019
07.09.2017
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of Coal (CA-I), New Delhi seeking information on two points pertaining to his representation made to Shri A.K. Bhalla, IAS, the then Joint Secretary, Ministry of Coal regarding stoppage of illegal mining of coal and in the interest of speedy implementation of steel and power project of Brahmi Impex Ltd in Santha Pargana and requesting a list of isolated and small pockets of coal for the same to be developed by his company for captive use and for regularizing mining activities of coal etc., including, inter-alia, (i) steps taken by the concerned department in view of the aforesaid letter, and (ii) list of isolated and small pockets of coal as referred to in the aforesaid letter.
2. The appellant filed a second appeal before the Commission on the grounds that his RTI application was transferred by the CPIO vide letter dated 11.08.2017 and thereafter it was transferred several times and re-transferred to various departments and each time information has been denied to him. The appellant stated that the FAA did not dispose of his first appeal. The appellant requested the Commission to direct the CPIO to provide the information sought by him.
Page 2 of 6Hearing:
3. The appellant was not present despite notice. The respondent Shri A. K. Das, Under Secretary, IFD, M/o Coal, Shri Sujeet Kumar, Under Secretary, CLD, M/o Coal and Shri Sewak Paul, ASO, on behalf of CBA-I and CBA-II, M/o Coal were present in person. The respondent Shri Uday Shankar, GM and CPIO, CCL, Ranchi attended the hearing through video-conferencing.
4. The respondent (Shri Uday Shankar, GM and CPIO, CCL, Ranchi) submitted that since the subject matter of the RTI application pertains to Jamtara Jharkhand, which is not in the jurisdiction of CCL, the RTI application was wrongly transferred to CCL under Section 6(3) of the RTI Act by the CPIO. Nonetheless, the appellant's RTI application was transferred to different Sections [namely GM(CSR), GM(P&P), HOD (Geology), GM (P/EE), GM (MP &IR)] of CCL with a request to provide the information sought for directly to the appellant. In compliance, the appellant was informed vide letters dated 06.09.2017 [GM (CSR)], 30.08.2017 [GM (P&P)], 21.08.2019 [GM (P/EE)], that the information sought for does not pertain to their Sections. Therefore, information may be treated as 'Nil'.
5. The respondent (Shri Sewak Paul, ASO, MoC) submitted that since no records pertaining to the RTI application is available with the CBA-I Section, the appellant's RTI application was transferred to the various Sections (namely CBA-I, CBA-II, CSR & W, CLD/CPD, IFD, PCA) of the Ministry. The respondent apprised the Commission that since the information sought by the appellant was not available in the records of any of the above-mentioned Sections, the appellant was informed, vide letters dated that 17.08.2017 (CLD/CPD Section), 18.08.2017 (IFD Section), Page 3 of 6 04.09.2017 (CSR &W Section), 07.09.2017 (CBA-II), that the information sought for does not pertain to their Sections. Therefore, information may be treated as 'Nil'.
Decision:
6. The Commission, after hearing the submissions of the respondent and perusing the records, notes that the appellant had sought information pertaining to his representation made to Shri A. K. Bhalla, IAS, the then Joint Secretary, Ministry of Coal regarding stoppage of illegal mining of coal as well as details of isolated and small pockets of coal for the same to be developed by his company for captive use.
The Commission observes that the information sought ought to have been available with the Ministry of Coal. Nonetheless, the CPIO, Ministry of Coal has transferred the appellant's RTI application to the CCL under Section 6(3) of the RTI Act. The Commission takes a very serious view of this lapse. The public information officers are entrusted with the responsibility of providing information to the citizen under the RTI Act. It is expected that the CPIO on receipt of a request shall as expeditiously as possible provide the information sought for by the applicant. In this case, the CPIO did not discharge his responsibility properly. The Commission, therefore, would like to counsel the CPIO, Ministry of Coal to be more careful in future so that such lapses do not recur and that the provisions of the RTI Act are implemented in letter and spirit.
7. The Commission further observes that all the Sections [CBA-I, CBA-II, IFD, CPIO, BCCL, CPIO(LA&IR)] had informed that the information sought for is not available with them. The Commission, however, observes that the representation submitted to Joint Secretary, Ministry of Coal must have been processed by one of the Sections under the charge of the Joint Secretary in the Ministry of Coal. Hence, Page 4 of 6 information furnished by all the Sections that information is not available cannot be correct. The Commission, therefore, directs the Nodal CPIO, Ministry of Coal to provide the information sought for, if required by seeking assistance of the officials concerned under Section 5(4) of the RTI Act, to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 14.05.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) R. Sitarama Murthy (आर. सीतारम मूती) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA), Ministry of Coal, Room No. 323-A, Shastri Bhawan, New Delhi-110001.
2. The Central Public Information Officer (CPIO), Ministry of Coal, CBA-II Section, Shastri Bhawan, New Delhi.Page 5 of 6
3. The Central Public Information Officer(CPIO), Ministry of Coal, CA-I Section, Shastri Bhawan, New Delhi.
4. The Central Public Information Officer(CPIO), Ministry of Coal, IF Section, Shastri Bhawan, New Delhi.
5. The Central Public Information Officer(CPIO), Ministry of Coal, PCA Section, Shastri Bhawan, New Delhi,
6. The Central Public Information Officer(CPIO), Ministry of Coal, CLD/CPD Section, Shastri Bhawan, New Delhi.
7. The Central Public Information Officer(CPIO), Ministry of Coal, LA& IR Section, 5th Floor, Lok Nayak Bhawan, Khan Market, New Delhi.
8. The Central Public Information Officer(CPIO), Coal India Limited, Premises No.4, MAR, Plot No.AF-III, Action Area-1A, New Town, Rajarhat, Kolkata-700156.
9. The Central Public Information Officer(CPIO), Central Coalfied Ltd., 2nd Floor, Damadar Building, Darbhanga House, CCL, Ranchi, Jharkhand-834029.
10.Shri C.K. Singhania, Page 6 of 6