Central Information Commission
Sudhir Agrawal vs South Eastern Coalfields Ltd. on 25 August, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/SECFL/A/2022/646061
नितीय अपील संख्या/Second Appeal No.: CIC/SECFL/A/2022/646703
Sudhir Agrawal .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Area Manager-(Kusmunda Area),
O/o. the General Manager-Kusmunda South
Eastern Coalfields Limtied, Kusmunda Area.
P.O.-Kusmunda Colliery, District-Korba-495454
(Chhattisgarh).
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
Second Appeal No.: CIC/SECFL/A/2022/646061
RTI application filed on : 08.05.2022
CPIO replied on : 10.05.2022
First appeal filed on : 11.05.2022
First Appellate Authority order : Not on record
Second Appeal received at CIC : 30.08.2022
Date of Hearing : 25.08.2023
Date of Decision : 25.08.2023
Second Appeal No.: CIC/SECFL/A/2022/646703
RTI application filed on : 09.05.2022
CPIO replied on : 11.05.2022
First appeal filed on : 27.05.2022
First Appellate Authority order : 08.06.2022
Second Appeal received at CIC : 30.08.2022
Date of Hearing : 25.08.2023
Date of Decision : 25.08.2023
Page 1 of 8
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
(1) Second Appeal No.: CIC/SECFL/A/2022/646061
Information sought:
The Appellant sought following information:
"Following informations shall be provided to the undersigned in respect of payment of PRPWerformance Related Pay) to Mr Sudhir Agrawal. EIS No 90134321 for the year 2019-20
1) Amount of PRP paid to Mr Sudhir Agrawal. EIS No 90134321 for the year 2019-20i.e. for the period from 01.04:2019 to 31.03.2020.
2)Calculation for the above PRP amount.
3)Whether there is/was a delay in the payment of above PRP.
4)Who is responsible for delay in payment. if any.
5)Notesheet of proceedings for payment of above
6)Guidelines/ circulars issued by Coal India Limited in respect of the payment of PRP for the year 2019-20 to its executives."
• PIO furnished reply, vide letter dated 10.05.2022, as under:
"As mentioned in the guidelines for use of this portal, this facility is not available for filing RTI applications for the public authorities under the State Governments, including Government of NCT Delhi. Since your RTI application is meant for a public authority under the State Government, the same is returned herewith. You may file the same before the concerned public authority under the State Government. pl submit the posting details during the period 19-20 for submission of your request."
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 11.05.2022.
• Written submission has been received from the CPIO, SECL, HQ, Bilaspur vide letter dated 16.08.2023 and same has been taken on record.
Page 2 of 8• Written submission dated 'Nil' has been received from CPIO, SECL, Kusmunda Area as under :
"....• The appellant has requested the desired information via online portal vide ret, no SECFL/R/T/22/00026 Dated 09-05-2023. (Refer page 01) • Since the application/information was related to SECL HQ and RTI was tiled at SECL HQ. On 11-05-2023, CP10 Bilaspur furnished a reply to Shri Sudhir Agarwal but this is to inform you that the application was never transferred to CPIO Kusmunda Area under sec 6(3) of RTI act 2005.
• Dissatisfied with the information provided by CPIO Bilaspur . the Appellant has preferred to Appeal to First Appellate Authority, SECL Bilaspur vide ref no SECFL/A/E/72/00065 dated 27-05-2022 claiming that, the desired information pertains to EE Department SECL HQ Bilaspur. hence suitable information/reply was expected from EE Department. (page 02) • On 08-06-2023, CPIO Bilaspur sent a letter vide reference no SECL/BSP//RTI/2022/3157 dated to Shri Sudhir Kumar Agarwal with a copy to CPIO Kusmunda Area requesting to arrange to send the information to the applicant. ( Page 03) •The Appeal was transferred to FAA Kusmunda Area.
• To decide the appeal a hearing has been scheduled on 07-06-2022 at 05.00 pm in presence of CP10 Kusmunda Area and executives of personnel department along with the officials dealing the matters. • On dated 07-06-2022, FAA has passed order vide letter no SECL/KA/GM(0)/22/1141 dated 07-06-2022 and advised the appellant to represent his matter on appropriate forum for redressal of his grievance and also directed to Manager (P). KOCP to refer the matter to EE Dept. SECL HQ Bilaspur through proper channel. to expedite the matter.(refer page 04) • In Compliance to the order of FAA. the concerned dealing executive referred the matter to EE dept. SECT HQ on telephone. Accordingly a mail received from EE dept on dtd 21 March-2023 communicating the rating of the executive concern to this office. Mail copy attached for reverence. (page 05-06) • On receipt of rating, the PRP of the applicant was prepared and send the same to EE dept. for onward transmission of the PRP Bill, where he was posted. (Letter attached). (refer page 07-08) Page 3 of 8 • The PRP bill send to EE Dept. SECL was again returned back to this office stating that the bill should be audited by the Internal Auditor. By auditing the same may be forwarded to EE. SECL HQ (Copy attached).
• Mean time the bill could not be audited till 2" week of August 2023 due to non-appointment auditors by SECL. Currently a new audit firm has been appointed and after auditing the bill was sent to EE. SECL for further onward transmission to respective subsidiary where the concerned executive was posted.
• The Preparation of PRP bill was not intentionally delayed. it is an administrative process. The Delay was occurred due to non- compliance of required formalities..".
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
(2) Second Appeal No.: CIC/SECFL/A/2022/646703 Information sought:
The Appellant sought following information:
Following informations shall be provided to the undersigned in respect of payment of PRPWerformance Related Pay) to Mr Sudhir Agrawal. EIS No 90134321 for the year 2019-20 I) Amount of PRP paid to Mr Sudhir Agrawal. EIS No 90134321 for the year 2019-2020 i.e. for the period from 01.04:2019 to 31.03.2020.
2) Calculation for the above PRP amount.
3) Whether there is/was a delay in the payment of above PRP.
4) Who is responsible for delay in payment. if any.
5) Notesheet of proceedings for payment of above
6) Guidelines/ circulars issued by Coal India Limited in respect of the payment of PRP for the year 2019-20 to its executives.
• PIO furnished reply, vide letter dated 11.05.2022, as under:
-As mentioned in the guidelines for use of this portal, this facility is not available for filing RTI applications for the public authorities under the State Governments, including Page 4 of 8 Government of NCT Delhi. Since your RTI application is meant for a public authority under the State Government, the same is returned herewith. You may file the same before the concerned public authority under the State Government. pl mention the place/project in which you were working for further submission to informat.
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 27.05.2022.
• The FAA, SECL, Kusmunda Area vide order dated 08.06.2022 held as under:
"The appellant is advised to represent his matter on an appropriate forum for redressal of his grievance. Since the appellant has preferred first appeal against the decision of CPIO, SECL HQ Bilaspur, he is advised to seek hearing from FAA of SECL HQ Bilaspur. The Manager (Personnel), KOCP is directed to refer the matter to EE Dept., SECL HQ Bilaspur, through proper channel, to expedite the matter, so that the desired PRP can be given to the appellant, at the earliest..."
• PIO, SECL, Bilaspur furnished reply dated 08.06.2022 as under :
"...With reference to the above, the reply received from G.M. ( E.E.)HQ is as under:
PRP for 2019-20 has been processed by concerned area and bill generated by concerned area. Already informed details may be sought from concerned area..."
• Written submission dated 'Nil' has been received from CPIO, SECL, Kusmunda Area as under :
"....• The appellant has requested the desired information via online portal vide ret, no SECFL/R/T/22/00026 Dated 09-05-2023. (Refer page 01) • Since the application/information was related to SECL HQ and RTI was tiled at SECL HQ. On 11-05-2023, CP10 Bilaspur furnished a reply to Shri Sudhir Agarwal but this is to inform you that the application was never transferred to CPIO Kusmunda Area under sec 6(3) of RTI act 2005.Page 5 of 8
• Dissatisfied with the information provided by CPIO Bilaspur . the Appellant has preferred to Appeal to First Appellate Authority, SECL Bilaspur vide ref no SECFL/A/E/72/00065 dated 27-05-2022 claiming that, the desired information pertains to EE Department SECL HQ Bilaspur. hence suitable information/reply was expected from EE Department. (page 02) • On 08-06-2023, CPIO Bilaspur sent a letter vide reference no SECL/BSP//RTI/2022/3157 dated to Shri Sudhir Kumar Agarwal with a copy to CPIO Kusmunda Area requesting to arrange to send the information to the applicant. ( Page 03) •The Appeal was transferred to FAA Kusmunda Area.
• To decide the appeal a hearing has been scheduled on 07-06-2022 at 05.00 pm in presence of CP10 Kusmunda Area and executives of personnel department along with the officials dealing the matters. • On dated 07-06-2022, FAA has passed order vide letter no SECL/KA/GM(0)/22/1141 dated 07-06-2022 and advised the appellant to represent his matter on appropriate forum for redressal of his grievance and also directed to Manager (P). KOCP to refer the matter to EE Dept. SECL HQ Bilaspur through proper channel. to expedite the matter.(refer page 04) • In Compliance to the order of FAA. the concerned dealing executive referred the matter to EE dept. SECL HQ on telephone. Accordingly a mail received from EE dept on dtd 21 March-2023 communicating the rating of the executive concern to this office. Mail copy attached for reverence. (page 05-06) • On receipt of rating, the PRP of the applicant was prepared and send the same to EE dept. for onward transmission of the PRP Bill, where he was posted. (Letter attached). (refer page 07-08) • The PRP bill send to EE Dept. SECL was again returned back to this office stating that the bill should be audited by the Internal Auditor. By auditing the same may be forwarded to EE. SECL HQ (Copy attached).
• Mean time the bill could not be audited till 2" week of August 2023 due to non-appointment auditors by SECL. Currently a new audit firm has been appointed and after auditing the bill was sent to EE. SECL for further onward transmission to respective subsidiary where the concerned executive was posted.Page 6 of 8
• The Preparation of PRP bill was not intentionally delayed. it is an administrative process. The Delay was occurred due to non- compliance of required formalities..".
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present via phone Respondent: 1. Mr. PM. Dev, CPIO/Manager (Personnel), Bilaspur
2. Mr. Tilak Raj, CPIO/Asst. Manager (Industrial), Kusmanda The Appellant submitted that the requisite information has not been furnished till date. He stated that the payment of PRP for the financial year 2019-20 has not been made till date. He further stated that the Respondent be directed to furnish the information as sought.
The Respondent stated that the relevant information has been furnished to the Appellant from their official record. They further stated that in compliance of the order of FAA, the concerned dealing executive referred the matter to EE dept. SECL HQ. Accordingly, a mail received from EE dept on dated 21 March-2023 communicating the rating of the executive concern to this office. On receipt of rating, the PRP of the applicant was prepared and send the same to EE dept. for onward transmission of the PRP Bill, where he was posted. The Preparation of PRP bill was not intentionally delayed and it is an administrative process. The delay occurred due to non-compliance of required formalities. They affirmed that the payment of PRP will be made to the Appellant within 30 days.
Decision:
Since similar information has been sought in the instant RTI Applications, the aforementioned Second Appeals have been clubbed together for final hearing and disposal.
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.Page 7 of 8
Commission, after perusal of case records and submissions made during hearing, observes that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Commission notes that as submitted by the PIO, the delay in payment of PRP occurred due to non-compliance of required formalities and the payment of PRP will be made in favour of Appellant within 30 days. In the given circumstances, the Commission is of the considered opinion that no further intervention of the Commission is warranted in this case.
Matters are disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 8 of 8