Central Information Commission
Upendra Kumar Singh vs Bharat Coking Coal Limited. on 7 June, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/NCCLD/A/2019/145116
Upendra Kumar Singh अपीलकता /Appellant
....अपीलकता
VERSUS
बनाम
CPIO,
Bharat Coking Coal Limited,
RTI Cell, Office of the GM,
Govindpur Area No. III, PO
Sonardih, Dhanbad - 828125. .... ितवादीगण /Respondent
Date of Hearing : 07/06/2021
Date of Decision : 07/06/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 11/03/2019
CPIO replied on : Not on record
First appeal filed on : 08/05/2019
First Appellate Authority order : 21/06/2019
2nd Appeal/Complaint dated : 11/09/2019
Information sought:
The Appellant filed an RTI application dated 11.03.2019 seeking information as under;1
1. Copy of office order of Project Officer/Agent of Amalgamated Block-IV Govindpur Coillery between 01.04.2016 to 31.03.2017;
2. Copy of Form-I send to DGMS R -III between 01.04.2016 to 31.03.2017;and
3. Who is responsible if no such appointment is made.
On 28.03.2019, CPIO forwarded the RTI Application to the concerned AGM, Govindpur Area and also to Dy. Manager (Personnel), BCCL Govindpur Area under Section 5(4) of the RTI Act.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 08.05.2019. In regard to first appeal, FAA's letter dated 21.06.2019 informed the appellant that:-
".....Hearing heard and concluded by the Appellate authority and it has been decided that PIO will be discuss to HOD(Legal) in your matters and the same will be inform to you by notice."
Feeling aggrieved and dissatisfied with non-receipt of desired information till date, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio-conference.
Respondent: Amit Kumar Mahato, Manager (P) & PIO present through audio- conference.
The Appellant while narrating the factual background of the case stated that he had served in BCCL, Govindpur Area as a Manager for the period w.e.f. 01.04.2016 to 31.03.2019; however, BCCL marked his said period as working on the post of designated agent. Therefore, in order to get clarification on this discrepant issue , the Appellant filed the instant RTI Application. Appellant stated that he is aggrieved with the fact that the reply given by CPIO is not appropriate and satisfactory.
The PIO submitted that a point wise reply along with available information has already been provided to the Appellant on 10.05.2019 and also recently through a written submission dated 05.06.2021. He further submitted that although information as available in material form has already been provided to the Appellant, however if the Appellant is still not satisfied then he is ready to offer 2 an opportunity of inspection of records to him on mutually convenient date and time.
Decision:
The Commission based upon a perusal of facts on record observes that appropriate reply along with requisite information was given by the CPIO on point no. 1 of RTI Application, in terms of the RTI Act.
Further, on point no. 2 of RTI Application, the information sought by the Appellant including copy of Form I submitted by agent to DGMS R III is a personal information of a third party per se which is exempted from disclosure under Section 8 (1)(j) of the Act. Also, the query raised by the Appellant on point no. 3 of RTI Application is about seeking clarification/inference from the CPIO which does not conform to Section 2(f) of the RTI Act; yet a factual reply has been given by CPIO on these points, merits of which cannot be called into question.
Now, considering the submissions of CPIO during hearing, he is directed to provide an opportunity of inspection of the relevant and available records as sought for in the RTI Application to the Appellant on a mutually decided date & time. The intimation of the date and time of the inspection will be provided to the Appellant telephonically and in writing. Copy of documents, as identified and desired by the Appellant shall be provided free of cost by the CPIO. The CPIO is also directed to ensure that due assistance is provided to the Appellant during the inspection in accessing and identifying the records. The said direction should be complied with by the CPIO within 15 days from the date of receipt of this order, upon resumption of routine office after the lockdown is lifted. A compliance report to this effect should be sent to the Commission by the CPIO incorporating the details of the records provided for the inspection and copies thereof, immediately thereafter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) 3 Authenticated true copy (अिभ मािणत स!यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4