Central Information Commission
Partha Sengupta vs Central Coalfield Limited on 23 May, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/CCFLT/C/2024/109650.
Shri PARTHA SENGUPTA. निकायतकताग /Complainant
VERSUS/बनाम
PIO ...प्रनतवािीगण /Respondent
Central Coalfield Limited.
Date of Hearing : 21.05.2025
Date of Decision : 21.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from complaint:
RTI application filed on : 24.07.2023
PIO replied on : 25.08.2023
First Appeal filed on : 19.09.2023
First Appellate Order on : 17.10.2023
2ndAppeal/complaint received on : 03.04.2024
Information soughtand background of the case:
The Complainant filed an RTI application dated 24.07.2023 seeking information on following points:-
"A. What are the main objectives/policies of CCL/ CIL to provide Coal to industrial Units under Tranche IV and Tranche V scheme. What are the eligibility criteria for the units for bidding for coal for the respective unit. B. Which are the industrial units eligible to submit bid under the above schemes.
C Is it that Fuel Supply Agreement (FSA) has to be executed by the eligible unit with CCL.. Information also be supplied on how the Annual Contracted Quantity(ACQ) is determined.
D. Is that ACQ is based on the Normative Coal Requirement calculated by Central Institute of Mining & Fuel Research (CIMFR), Dhanbad. E. Whether CIL/CCL has entered into an agreement/ MOU with CIMFR for calculating/suggesting Normative Coal Requirement for the industrial units. If so, detailed information on that along with the industrial sectors which come under CIMFR for calculation/assessment for Normative Coal Requirement (NCR). Is there any specific Officer of CIMFR approved/ designated by CIL/CCL to deal NCR. If yes, relevant document be provided.
Page 1 F. Whether CIL / CCL fix ACQ at par with NCR recommended by CIMFR without any deviation OR the ACQ is FIXED less than NCR recommended by CIMFR. If there is any change in NCR then kindly provide information on the policy/rule/ guidelines for ACQ for changing the NCR and whether those are equally applicable to all units. G. End Use Plants (EUP) under Non Regulated Sector linkage auction Tranche-IV for "others (coking coal)" sub sector Coal is provided to SOFT COKE UNITS of CFRI/CIMFR design and SSF Units of CMPDIL Design. Information be provided whether CIMFR Etc."
The CPIO, Chief Manager (Personnel) vide letter dated 25.08.2023 replied as under:-
Dear Sir, In reference to your application under RTI Act-2005, please find enclosed herewith copy of information/reply from GM(M&S) CCL HQ, Ranchi. Vide letter no: 1462, dated:22/08/2023, received in the office of PIO Cell, CCL, Ranchi on 23/08/2023 vide receipt no:1298.
"A. Kindly refer below link for various scheme documents to get reply of various points às desired:
https://www.msicecommerce.com/auctionhome/container.jsp?title id=Scheme%20Document &linkid=0&main link=y&sublink=n&main link name=1&portal=coallinkage&homepage=index& arcDate-31-10-2021 B. Kindly refer various scheme documents uploaded at link given at point no. A. C. Yes, Information is already given above.
D. Kindly refer documents uploaded on the link given in reply of point A. E. Already replied in point A. F. Please refer point A. G. Kindly refer to point no. A for reply.
H. NCR is calculated by final verification agency appointed by CIL i.e. by CIMFR
1. NCR is calculated by final verification agency appointed by CILI.e. by CIMFR"
Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 19.09.2023. The FAA vide order dated 17.10.2023 stated as under:-
"डीम्ड पीआईओ ने प्रस्तुत किया कि सीसीएल िे किपणन और किक्री किभाग िे पास उपलब्ध जानिारी अपीलिताा िो प्रदान िी जाएगी। उपरोक्त िे साथ सीपीआईओ िो दस िाया कदिसोों िे भीलर सूचना उपलब्ध िराने िा कनदे श कदया गया है ।
उपरोक्त किप्पकणयोों िे साथ, अपील िा कनस्तारण किया जाता है । आिे दि कितीय अपील दायर िर सिते हैं यकद प्रथम अपीलीय प्राकििारी िारा किए कनणाय से Page 2 असोंतुष्ट हो। कितीय अपील अपीलिताा िो पाररत या प्राप्त आदे श िी तारीख से 90 कदनोों िे भीतर िी जा सिती है ।
कनणाय िी प्रकत पक्षिारोों िो कनिः शुल्क प्रदान िी जाएगी।"
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
Complainant: Present Respondent: John BR Kunjur, Chief Manager The written submissions and the oral submissions of both the parties were considered.
Decision:
Commission has gone through the case records and on the basis of proceedings during hearing observes that appropriate reply has been provided to the Complainant by the CPIO as per the provisions of the RTI Act. Therefore, no malafide intention can be ascribed over the conduct of the CPIO and thus, no penal action is warranted in the matter. Further the complainant has preferred complaint u/s 18 of the RTI Act and if the complainant is aggrieved with the reply provided by the respondent then the Complainant could have approached the Commission by filing an appeal. The Commission therefore is unable to adjudicate the adequacy of information to be disclosed under section 18 of the RTI Act. In view of the foregoing, this Commission now refers to Section 18 of the RTI Act while examining the complaints and in this regard the Commission refers to the judgment of the Hon'ble Supreme Court of India in Chief Information Commissioner and Another v. State of Manipur and Anr. in Civil Appeal Nos. 10787-10788 of 2011 dated 12-12-2011. The relevant extract of the said decision is set down below:-
"...28. The question which falls for decision in this case is the jurisdiction, if any, of the Information Commissioner under Section 18 in directing disclosure of information. In the impugned judgment of the Division Bench, the High Court held that the Chief Information Commissioner acted beyond his jurisdiction by passing the impugned decision dated 30th May, 2007 and 14th August, 2007. The Division Bench also held that under Section 18 of the Act the State Information Commissioner is not empowered to pass a direction to the State Information Officer for furnishing the information sought for by the complainant."
xxx "30. It has been contended before us by the Respondent that under Section 18 of the Act the Central Information Commission or the State Information Commission has no power to provide access to the information which has been requested for by any person but which has been denied to him. The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20. However, before Page 3 such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide."
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."
xxx "37. We are of the view that Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a Substitute for the other...."
Thus, the limited point to be adjudicated in complaint u/s 18 of RTI Act is whether the information was denied intentionally.
In the light of the above observations, the Commission is of the view that there is no malafide denial of information on the part of the concerned CPIO and hence no action is warranted under section 18 and 20 of the Act.
No further action lies.
The Complaint is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अकभप्रमाकणत सत्याकपत प्रकत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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