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Central Information Commission

Mr.H P Sharma vs Ministry Of Coal on 29 April, 2013

                         Central Information Commission
              Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                      Bhikaji Cama Place, New Delhi­110066
                     Web: www.cic.gov.in Tel No: 26167931

                                                     Case No. CIC/SS/A/2012/001561

                                                                      Dated: 29.04.2013

Name of Appellant                     :       Shri H.P. Sharma

Name of Respondent                    :       Ministry of Coal

                                          ORDER

Shri H.P. Sharma, the appellant, has filed the present appeal dated 23.3.2012 before the Commission against the respondent Ministry of Coal, New Delhi for not providing complete information in reply to his RTI-application dated 3.6.2011. The matter was heard on 21.01.2013. The appellant was absent whereas the respondent were represented by Shri A. Sanjay Sahay, Under Secretary.

2. The appellant through his RTI application dated 3.6.2011 addressed to the CPIO, PMO, while inviting attention towards a news item appearing in HT dated 18.5.2011 regarding Policy of Coal allotment, framed in 1993 and changed in the year 2006, after which things allegedly went wrong, sought information on the following eight queries: "(1) A copy of the policy framed in the year 1993 on the issue by the Govt. be furnished under the RTI Act; (2) Was the said policy done away in the year 2006 and a new policy of first come first serve basis was formulated. If yes, a copy of the said new policy of 2006 be also sent; (3) This information be also provided whether at that time, the Coal Ministry was under the direct charge of the PM; (4) If reply to Pont No. 2 happens to be in positive, information be provided highlighting the necessity or for that matter the compulsions, which led to the change in the policy in the year 2006; (5) This 2 Case No. CIC/SS/A/2012/001561 information be also provided as to under whose order and direction, the policy in question was changed/formulated in the year 2006. Copies of all that record be furnished on which the proposal to change the policy was initiated and on which was ultimately approved/finalized; (6) This information be provided whether the things had actually went wrong with the change of policy in the year 2006, as has been alleged in the news item; (7) If information to Point No. 6 is in negative that nothing went wrong with the change of policy, information highlighting the advantages and benefits which were aimed to be achieved from the new policy, be furnished so that the justification for doing away the old policy could come before the people; and (8) After the publication of news in question in HT, whether the Govt. has taken any measure(s) to remove doubts from Public's minds about the alleged finger pointing. If so, information highlighting the measures, so taken by the Govt. be provided". The CPIO, PMO vide OM No. RTI/2061/2011-PMR dated 8.6.2011 transferred the RTI application under the provisions of Section 6(3) of the RTI Act to the CPIO, Ministry of Coal. The CPIO, Ministry of Coal vide letter No. 38040/46/2009-CA-I dated 5.7.2011 replied to the appellant as follows: "Point No. 1 and 2: Prior to 2005, coal blocks were identified and allocated based on the specific requests received from the allocatee companies. Prior to 2005, the allocation of blocks were done on the basis of applications made by the companies, who used to identify and apply for the blocks they desired to get allocated based on the report of the Geological Survey of India, the Mineral Exploration Corporation Ltd etc. and applied for allocation of the said coal blocks. This had to be referred to the Coal India Ltd (CIL) to know that the block was included in their future production plans. Only if the block was not included in the future production plans of CIL; the same could be considered for allocation to the applicant companies for captive mining. These were referred to the Screening Committee for recommendations. The requests received from the companies along with the names of coal blocks were placed before the Screening Committee. Based on the recommendations of the Screening Committee allocations were made; Point No. 3: The information is held by the CPIO, PMO. CPIO, PMO is requested to furnish the reply directly to you; Point No:

4, 5, 6, 7 and 8: As per the guidelines of Department of Personnel & Training (DoPT) in connection with the RTI Act, there is no provision for interpretation of the already existing information or to create new information by the CPIO".

3. Aggrieved with the reply of the CPIO, the appellant preferred first appeal on 18.7.2011 before the FAA pointing out that the CPIO had failed to provide a 3 Case No. CIC/SS/A/2012/001561 copy of the policy framed in the year 1993 and likewise of the policy framed in the year 2006. It was also his plea that the CPIO had provided evasive replies vide Points No,. 4 to 8 and no reasons have been given for the change in policy and the authority, who approved change in policy. Copies of policy have also not been provided inspite of specific request made in the RTI application. Nor has the CPIO provided specific information with respect to the information asked for at Point No,. 6 to 8. The appellant requested the FAA that the CPIO be directed to provide him requisite information . Shri A.K. Bhalla, Joint Secretary & FAA has vide his order No. 38040/46/2009-CA-I dated 3.11.2011 disposed of the appellant's first appeal with a cryptic order as follows: "The appellant filed first appeal dated 12.9.2011 enclosing therewith a copy of his appeal dated 18.7.2011.

Hearing in the case was held on 13.10.2011 at 11.30 a.m. in the chamber of the FAA. The appellant or his authorized representative was not present during the hearing. The CPIO was present, CPIO has explained that available information in terms of provisions of RTI Act, 2005 was provided to the appellant. Decision: As the information as available was given to the appellant and the appellant has not made out any specific lapse, the appeal is dismissed".

4. Aggrieved with the reply of the FAA, the appellant filed the present second appeal before the Commission.

5. The CPIO has also failed to provide point-wise information to the appellant. At Point No. 1 the appellant had sought copy of the Policy framed in the year 1993 on the issue of coal blocks by the Government and at Point No. 2, the appellant wanted to know whether the said policy done away with in the year 2006 and a sought a copy of the new Policy. The CPIO, instead of providing point-wise information had clubbed Point No. 1 and 2 together and has explained the Policy for coal applications prior to 2005. The CPIO has failed to provide a copy of the policy document on the basis of which coal blocks were made prior to 2005 and has totally ignored the query at Point No. 2 of the RTI application.

6. During the hearing the current CPIO informed the Commission that in the year 2005-2006 there was a change in the Policy and instead of Companies applying for coal blocks, the Ministry of Coal advertised for submissions of application for coal blocks. If there was admittedly a change in Policy in 2005- 2006, the CPIO and FAA ought to have given specific information to the appellant in reply to Point No. 2 of the RTI application. At Point No. 3 of the RTI application, the appellant wanted to know whether at that time the Ministry of Coal was under the direct charge of the Prime Minister. Surprisingly, the CPIO in reply to Point No. 3 stated that this information is held by the CPIO, PMO knowing fully well that the CPIO, PMO has transferred the RTI application to him for reply. The FAA has also upheld the reply of the CPIO. The CPIO clubbed Point No. 5 to 8 of the RTI application together and it was held by him that there is no provision for interpretation of the already existing information or to create new information by the CPIO. Attention of the respondent is drawn in respect of Section 2(f) and (j) of the RTI Act, 2005 where the information is defined as follows:

"Section 2(f) - "Information" means any material in any form, including records, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

Section 2(j) - "Right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to - (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; and (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device."

The respondent ought to have provided point-wise reply to each of the aforementioned queries at Point No. 4 to 8 of the RTI application, after examining whether reply could have been furnished on the basis of material or record held by the public authority.

7. The Commission is of the view that the respondent have failed to provide information to the appellant on most of the queries of the RTI application, which were very specific. The matter is remitted back to the FAA with the direction to pass speaking order by providing point-wise information/documents to the appellant free of cost within ten days of receipt of this order. The CPIO and FAA are hereby cautioned to be more careful in future while dealing with RTI matters.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri H.P. Sharma, Kothi No. 614, Phase I, Mohali-140110 (Punjab) Shri V.S. Rana, Under Secretary (the then CPIO), Ministry of Coal, Shastri Bhavan, New Delhi-110001.

The CPIO, Ministry of Coal, Shastri Bhavan, New Delhi-110001.

Shri A.K. Bhalla, Joint Secretary & FAA, Ministry of Coal, Shastri Bhavan, New Delhi-110001.