Central Information Commission
Jitendra Mall vs Coal Controller Organisation on 16 August, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CCORG/A/2023/144499
Shri Jitendra Mall ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Coal Controller Organisation ...प्रनतवािीगण /Respondent
Date of Hearing : 08.08.2024
Date of Decision : 08.08.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 01.06.2023
PIO replied on : 12.07.2023
First Appeal filed on : 31.07.2023
First Appellate Order on : 04.09.2023
2 Appeal/complaint received on
nd : 13.10.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 01.06.2023 seeking information on following points:-
i. "Provide copies of Form-I (Monthly return of CCO, Nagpur region) for the period of April 2022 to till date month wise which were submitted by washery management. This information provide/supply washery wise and month wise with the certified copy of evidence.
ii. Provide the washery wise, copy of permission granted for dispatch/sale of washery reject from April 2022 to till date. This information provide/supply washery wise permission alongwith recommendation notes of inspecting officers of the Nagpur region with the remark of Coal Controller's, Delhi. This information provide/supply with the certified copy of evidence.
iii. Provide copy of approved standard operating procedure for sampling and analysis of washery reject and granting the permission of the washery rejects. This information provide/supply with the certified copy of evidence. iv. During the sampling and analysis of washery rejects, if the final result of any sample of washery rejects is more than 2200 GCV (Kcal/Kg), provide copy of approved procedure and method to deal it. In case of Pimplgaon washery, it has happened, the GCV of washery rejects were more than 2200 Kcal/Kg, twice in period of April 2022 to June 2022, what step taken by CCO, Delhi to deal it, provide this information with evidence.
v. In CCO, Nagpur Region after collection and preparation of sample from coal washery. The analysis of sample of washery rejects was doing from two different NABL laboratory. Now it is learnt that the permission of washery rejects is being issue Page 1 /granting on the basis of analysis of sample from single laboratory. Provide the copy of any approved guidelines or procedure, switching from two laboratories to single laboratory.
vi. Provide the copies of all coal washery rejects analysis report of Nagpur region washeries for period from April2022 to till date. This information provide/supply washery wise and sample wise with the certified copy of evidence. vii. If, any action taken by CCO against washery owner, in case, the irregularities observed and recorded by the inspecting officers of CCO, Nagpur Region. This information provide/supply washery wise with the certified copy of evidence.
The Director & CPIO, Coal Controller Organisation, Delhi vide letter dated 12.07.2023 replied as under:-
"The information requested cannot be provided under section 8(d) of the RTI Act, 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 31.07.2023. The FAA vide order dated 04.09.2023 stated as under:-.
"2. Whereas the CPIO vide letter dated 12.07.2023, denied the reply to the appellant about the queries raised by appellant under section 8(d) of the RTI Act 2005.
3. Whereas the appellant has filed an appeal dated 31.07.2023 (received on 08.08. 2023), with reference to his RTI application dated 01.06.2023 stating that the information should be provided to him in larger public interest.
4. The information as requested by the applicant cannot be provided under the provisions of sections of 8 (1) (d) of RTI Act-2005."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present Respondent: Dr. S C Agarwal - Director/CPIO; Shri Nitin Bindal - Legal Consultant and Shri Subham Singh - UDC were present for hearing. Respondent reiterated the fact that information sought was denied citing Section 8(1)(d) of the RTI Act, but was unable to justify the same when asked as to how permission granted for dispatch/sale of washery reject; or recommendation notes of inspecting officers of the Nagpur region with the remark of Coal Controller's, Delhi; or copy of approved standard operating procedure for sampling and analysis of washery reject and granting the permission of the washery rejects could possibly contain any information exempt under Section 8(1)(d) of the RTI Act.
Decision Upon perusal of records of the case and hearing averments of the parties, it is noted that Respondent has wrongfully denied all the information under Section 8(1)(d) of the RTI Act, since exemption claimed by the Respondent is not applicable with respect to the queries raised in this case. Accordingly, the PIO is hereby directed to revisit the RTI application filed by the Appellant and furnish a revised reply furnishing all the Page 2 information which is generic and not expressly barred from disclosure under Section 8 or 9 of the RTI Act. The Respondent shall apply provisions of the Section 10 of the RTI Act to redact any information which is exempt from the purview of the RTI Act, while furnishing the revised reply to the Appellant, within two weeks of receipt of this order. The Respondent shall also submit a compliance report in this regard within one week thereafter. In the light of the aforementioned discussion, no further intervention is warranted, in this case, under the Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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