Central Information Commission
Mr.Fagesh Sahu vs Ministry Of Steel on 21 June, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/004109
Appellant Shri Fagesh Sahu.
Public Authority Bhilai Steel Plant, Bhilai
Date of hearing 21.06.2012
Date of decision 21.06.2012
Facts :-
Heard today dated 21.06.2012. Appellant not present. The BSP is represented by Shri S.K. Soni, AGM(Pers.).
2. It is noticed that vide RTI application dated 1.3.2011, the appellant had sought the following information :-
"1. Certified copy of Regional Mineral Development Plan prepared by Indian Bureau of Mines, submitted to Govt. of Chhattisgarh on 27.08.2002.
II. Certified copy of complete file regarding Cluster Mining in Raoghat Area P1 provide the certified copy at the aforementioned address. The applicant is ready to pay additional fee as required "
3. CPIO had refused to disclose this information vide letter dated 16.3.2011 under section 8(1)(d) of the RTI Act. However, the Appellate Authority in letter dated 25.4.2011 had mentioned that the requisite documents were not available with BSP. The Appellate Authority's version goes against the version of the CPIO. If the requisite documents are not available with the Public Authority, the question of invoking section 8(1)(d) of the RTI Act does not arise. On a query from the Commission, Shri Soni submits that the PIO inadvertently invoked section 8(1)(d) and that the fact of the matter is that the requested documents are not available with BSP.
4. If the requested documents are not available with the Public Authority, the question of supplying them to the appellant does not arise. In the premises, the appeal is dismissed.
Sd/-
( M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
( K.L. Das) Deputy Registrar Address of parties :-
1. The Deputy General Manager & CPIO, Bhilai Steel Plant, R. No. 256, 2nd Floor, Ispat Bhawan, Bhilai, Chhattisgarh.
2. Shri Fagesh Sahu, JMG House, Panchsheel Nagar