Central Information Commission
Suman Kumar Dey vs Csir-Cimfr, Dhanbad on 18 February, 2026
CIC/CMRID/A/2024/652701
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/CMRID/A/2024/652701
Suman Kumar Dey ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: CSIR-Central Institute
of Mining & Fuel Research, ... ितवादीगण/Respondents
Dhanbad, Jharkhand
Relevant dates emerging from the appeal:
RTI : 08.01.2024 FA : 01.03.2024 SA : 26.11.2024
CPIO : 02.02.2024 FAO : 14.03.2024 Hearing : 27.01.2026
Date of Decision: 12.02.2026
CORAM:
Hon'ble Commissioner
Shri P R Ramesh
ORDER
1. The Appellant filed an RTI application dated 08.01.2024 seeking information on the following points:
(a) Why CIMFR has not replied to the communication (w.r.1 the payment notice) dated 13th March, 25th July, 25th September and 3rd Nov 2023 sent by Sri Kumar Dey, Partner of National Electrical Corporation, an electrical contractor of CIMFR. It is worth mentioning here that none of the aforementioned communication/reminders elicit any response whatsoever (copy of last communication attached).
(b) By when at the latest the due payment against the electrical work carried out at CIMFR would be settled, details of which have been elucidated in the aforementioned Page 1 of 6 CIC/CMRID/A/2024/652701 communication and officially certified by S. Waghmare, Technical Officer (CIMFR) in an internally circulated memo dated 22nd June, 2023 (copy of memo attached)
(c) Additionally, share a copy of all internal communication/memos at CIMFR on the aforementioned subject to get a fair understanding of the progress thus far.
2. The CPIO replied vide letter dated 02.02.2024 and the same is reproduced as under:-
"आपका आरटीआई आवेदन जो सीएसआईआर हे ड ाटर ारा िदनांक 08.01.2024 को इस कायालय को थानां त रत िकया गया है, के संदभ म मुझे यह अवगत कराना है िक आपके आवेदन के वां िछत सूचना हेतु इस सं थान के संबंिधत अिधकारी को भेजा गया था। संबंिधत अिधका रयों ारा इस संदभ म तीन (3) प ा की जानकारी उपल कराई गई है ।"
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 01.03.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 14.03.2024 observeed as under:-
"However, to resolve the issue, I would request you to kindly take a prior appointment with Controller of Administration with all necessary documents available with you and discuss the same for solution. However, you have to pay necessary charges as per RTI Rules for the duration of your stay and re-visiting of the documents related to the RTI application. Since, the file relates to financial matters you will not be allowed to take any photo-copy of the same for record."
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 26.11.2024.
Facts emerging in Course of Hearing:
Appellant: Present along with Dr. Someshwar Roy through video-conference.
Respondent: Shri Rakesh Kumar, Sr. Principal Scientist through video-conference.Page 2 of 6
CIC/CMRID/A/2024/652701
5. Dr. Someshwar Roy - representative of the Appellant stated that the submitted that in the RTI Application the Appellant has raised some very basic questions for wrongfully delaying (beyond 2 years) the payment of an electrical contractor who offered a service worth over 5 lakhs. He stated that the Appellant is partner in Electro Equipment Enterprises, which is an electrical contractor of CIMFR and payment for work which has been already done has not been made by CIMFR despite various letters, representation reminders made to Controller of Administration in this regard.
6. The Respondent inter alia submitted that the actual custodian of information with respect to payment of bills in reference to work done by Electro Equipment Enterprises is PIO, Administrative Department, CIMFR. He stated that he had communicated to PIO, Administrative department through letters dated 15.01.2024 and 23.01.2024. He stated that the matter must be resolved by administrative department and further stated that Controller of Administration, Shri S.S. Madal, Shri S Dey and Shri Aditya Mainak are the actual custodians of information. A written submission dated 21.01.2026 reiterating the aforementioned facts has been received from the APIO and same has been taken on record for perusal.
Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the main premise of instant Second Appeal is non-furnishing of information by the PIO.
8. The continued refusal of CSIR-Central Institute of Mining and Fuel Research, Dhanbad, to arrive at a financial resolution of work duly executed by the appellant has resulted in prolonged non-payment of legitimate dues for over two years. The organization is expected to act fairly, reasonably and in a time-bound manner. The unexplained refusal to resolve payments for completed work falls short of these standards. It is clear that the officials manning the administration are acting arbitrarily, as Page 3 of 6 CIC/CMRID/A/2024/652701 though unbound by law or procedure. Their conduct suggests that they have become a law unto themselves, acting without adherence to established norms.
9. Examination of the record of the case has revealed that the inordinate delay and non-furnishing of information have not been explained or justified by the PIO, Central Institute of Mining and Fuel Research, Dhanbad. Such a lackadaisical approach towards RTI matters cannot be overlooked. Accordingly, in exercise of powers conferred under section 20 (1) of the RTI Act, 2005, the Commission calls upon the present PIO, Central Institute of Mining and Fuel Research, Dhanbad and PIO, Administrative Department, Central Institute of Mining and Fuel Research, Dhanbad to SHOW CAUSE as to why:
1. Penalty should not be imposed upon him/her for non-furnishing of information sought within stipulated time frame, thereby causing obstruction in the flow of information and adjudication of the instant appeal.
2. Disciplinary action under Section 20 (2) of the RTI Act should not be recommended against him/her for dereliction of duty.
11. This show cause notice is issued keeping in view the extraordinary delay of non-
payment of bills raised by the contractor who has already executed the work, the seriousness of the allegations involved, and the need to enforce accountability under the RTI Act. Non-furnishing of the relevant records would only frustrate Appellants' effort to seek judicial remedy and amounts to denial of meaningful access to justice. Hearing of the Show Cause case shall be scheduled in normal course by the Registry. The Noticee - PIO, Central Institute of Mining and Fuel Research, Dhanbad and PIO, Administrative Department, Central Institute of Mining and Fuel Research, Dhanbad along with other officers concerned must send a cogent explanation/reply to the Show Cause Notice, within two weeks from the date of receipt of the Show Cause Notice.
12. In view of the fact that information sought has not been provided to the Appellant. the PIO, CIMFR, Dhanbad is directed to furnish a point-wise reply to the Appellant.
Page 4 of 6CIC/CMRID/A/2024/652701 During the hearing, the answering Respondent has informed the Bench that the information sought falls under the functional domain of the administrative department, CIMFR, Dhanbad Accordingly, PIO, CIMFR, Dhanbad is directed to invoke the provisions of Section 5 (4) of the RTI Act and obtain the relevant information from its custodian, to supply the relevant information to the Appellant within two weeks from the date of receipt of this order. A compliance be filed with the Commission within a week thereafter.
13 Commission is of the considered opinion that the circumstances warrant immediate intervention of the higher authorities within the organisation to take appropriate action against the officials responsible for withholding payment against duly submitted bills for work already executed. Public authorities should not be permitted to cause financial distress to individuals or entities who have duly provided services. The appeal is disposed of accordingly. A copy of this order be marked to the Director, CISR- CMFR, Dhanbad.
Copy of the decision be provided free of cost to the parties.
Sd/-
(P R Ramesh) (पी. आर. रमेश) Information Commissioner (सूचना आयु ) Authenticated true copy Vivek Agarwal (िववेक अ वाल) Dy. Registrar (उप पंजीयक) 011-26107048 Addresses of the parties:
1 The CPIO Chief Administrative Officer-(RTI Section), CSIR-Central Institute of Mining & Fuel Research, Barwa Road Campus, Page 5 of 6 CIC/CMRID/A/2024/652701 Dhanbad-826015 (Jharkhand).
2 Suman Kumar Dey Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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