Central Information Commission
Pradeep Kumar vs Steel Authority Of India Ltd. (Sail) on 7 November, 2019
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/SAIL1/A/2017/147385
Pradeep Kumar Mahato ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Steel Authority of India ...प्रनतवािीगण
Limited, Collieries Division, /Respondents
Dhanbad.
ORDER
1. A Show Cause Notice was issued to the CPIO, Steel Authority of India Limited, Collieries Division, Chasnalla Colliery Complex, PO. Chasnalla, Distt. Dhanbad on 18.02.2019, in compliance of the Commission's order No. CIC/SAIL1/A/2017/147385 dated 10.09.2018, wherein the Commission has observed that the information sought vide point nos. 3 to 5 of the RTI application has been provided by the respondent to the appellant after considerable delay. The CPIO was directed to explain as to why action under Section 20(1) of the RTI Act should not be initiated against him for not providing the information sought for to the appellant within the stipulated period.
Page 1 of 11Hearing on 26.03.2019:
2. The respondent Shri Arvind Hembrom, Asstt. General Manager (Estate), Steel Authority of India Limited, Collieries Division, Dhanbad attended the hearing through videoconferencing.
3. The respondent submitted that, as per the available records, a point wise reply was received on point nos. 3 to 5 of the RTI application from the Senior Manager (Mining) vide letter dated 29.06.2017. However, the same was furnished to the appellant vide letter dated 01.09.2018 only. He stated that though he had joined as CPIO and Asstt. General Manager (Estate), Collieries Division, Dhanbad on 05.01.2018, the instant matter had come to his notice only after receiving the Notice of Hearing dated 08.08.2018 from the Commission. Thereafter, he furnished the above said letter dated 29.06.2017 to the appellant vide letter dated 01.09.2018. He clarified that at the time of receiving the said letter dated 29.06.2017 from the Senior Manager (Mining), Shri Nishit Prasad was the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad [presently working as Deputy General Manager (Materials) at Steel Authority of India Limited, Bokaro] and hence he would not be able to explain as to why the above said letter dated 29.06.2017 which contains the information on point nos. 3 to 5 of the RTI application, was not sent to the appellant within the stipulated time.
Interim Decision:
4. The Commission, after hearing the submissions of the respondent and perusing the records, observes that Shri Arvind Hembrom joined as CPIO and Asstt.
General Manager (Estate), Collieries Division, Dhanbad on 05.01.2018. However, Page 2 of 11 he furnished the letter dated 29.06.2017 which contains the information on point nos. 3 to 5 of the RTI application, to the appellant vide letter dated 01.09.2018. The explanation submitted by the respondent in response to the Show Cause Notice is not satisfactory. Hence, in the interest of justice one last opportunity is provided to him to submit his written explanation in the matter once again.
5. The Commission also notes that, as per the respondent, at the relevant time Shri Nishit Prasad was the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad, who is also responsible for not furnishing the letter dated 29.06.2017 to the appellant within the stipulated time period. The Commission, thus, finds that Shri Nishit Prasad, the then CPIO also obstructed in furnishing the information sought for to the appellant. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. The respondent Shri Arvind Hembrom, CPIO and Asstt. General Manager (Estate), Collieries Division, Dhanbad shall ensure that a copy of this order is served upon Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad.
6. The matter is adjourned to 23.04.2019 at 01.00 PM.
Hearing on 23.04.2019:
7. The respondent Shri Arvind Hembrom, AGM and PIO, Steel Authority of India Limited, Collieries Division, Dhanbad attended the hearing through video conferencing.
Page 3 of 11Interim Decision:
8. The Commission, after perusing the records, notes that Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad has not submitted a written statement to the Commission in response to the Show Cause Notice dated 01.04.2019 issued against him. Hence, in the interest of justice, one last opportunity is given to Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. The matter would next be taken up for hearing on 10.06.2019 at 12.50 PM.
Hearing on 10.06.2019:
9. Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad attended the hearing through video conferencing.
10. The respondent submitted that he had made due efforts to ensure that correct and complete information is furnished to the appellant in response to his RTI application. In this regard, he submitted that since the reply dated 29.06.2017 received from Mining Department was incomplete, the APIO concerned was instructed to obtain complete reply from various agencies. Information was also requested from CPIO, Directorate General of Mines Safety (DGMS), Dhanbad vide letter dated 20.06.2017. The reply from DGMS, Dhanbad was received and the same was intimated to Sr. Manager (Mining) vide letter dated 14.08.2017. The Sr. Manager (Mining) agreed to hand over the documents to the appellant on payment of Rs. 380/- as photocopying charges vide letter dated 24.08.2017. It was then intimated to the Sr. Manager (Mining) vide letter dated 25.08.2017 that the period Page 4 of 11 for supply of reply has already crossed the admissible limit due to which they will have to provide the documents free of cost as per RTI Rules. He further submitted that he had informed the appellant vide letter dated 09.06.2017 that reminders have been sent to deemed PIOs to furnish the replies to the appellant.
Interim Decision:
11. The Commission, after hearing the submissions of the respondent and perusing the records, observes that Show Cause Notice was issued to Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad as he had not forwarded the letter dated 29.06.2017 to the appellant. Shri Nishit Prasad in his written submission clarified that letter dated 29.06.2017 was incomplete and hence APIO concerned was instructed to obtain complete reply from various department before furnishing the same to the appellant. The complete information, which was received from the DGMS, Dhanbad was forwarded to the Sr. Manager (Mining) vide letter dated 14.08.2017. However, the Sr. Manager (Mining) did not provide the information sought for to the appellant. In view of this, the Commission finds that the Sr. Manager (Mining) has obstructed in furnishing the information sought for to the appellant. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to the Sr. Manager (Mining), Collieries Division, Dhanbad for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. The respondent Shri Arvind Hembrom, CPIO and Asstt. General Manager (Estate), Collieries Division, Dhanbad shall ensure that a copy of this order is served upon the Sr. Manager (Mining), Collieries Division, Dhanbad.
12. The matter would next be taken up for hearing on 25.07.2019 at 12.40 PM.
Page 5 of 11Hearing on 25.07.2019:
13. Shri Sanjay Kumar, AGM (Mining) & Manager (C), Collieries Division, Dhanbad, attended the hearing through video-conferencing. Shri Pankaj Kumar Mandal was not present despite notice.
14. The respondent submitted written submissions dated 25.07.2019 and the same have been taken on record.
15. Shri Sanjay Kumar submitted that the Show Cause Notice was received in his office on 05.07.2019, however, he joined as AGM (Mining) & Manager (C), Collieries Division, Dhanbad, after a reply dated 27.06.2017 in response to the appellant's RTI application had been furnished. This reply was given by the then Sr. Manager (Mining), Shri Pankaj Kumar Mandal. He clarified that he had furnished a response dated 21.08.2018 to the office of AGM (Estate). He further submitted that the delay in providing information was on the part of the then Sr. Manager (Mining), Shri Pankaj Kumar Mandal and Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbdad .
Interim Decision:
16. The Commission, after hearing the submissions of the respondent and perusing the records, observes that instead of issuing the Show Cause Notice to Shri Pankaj Kumar Mandal, the then Sr. Manager (Mining), Collieries Division, Dhanbad, the Show Cause Notice has been issued to the present Sr. Manager (Mining) Shri Sanjay Kumar AGM (Mining) & Manager (C), Collieries Division, Dhanbad. The Commission, therefore, directs the Registry of this Bench to issue a fresh Show Cause Notice to Shri Pankaj Kumar Mandal, the then Sr. Manager Page 6 of 11 (Mining), Collieries Division, Dhanbad (presently Sr. Manager (Estate), Tasra), for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. The Commission also directs Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbdad, to be present for any further clarifications.
17. The respondent Shri Sanjay Kumar, AGM (Mining) & Manager (C), Collieries Division, Dhanbad shall ensure that a copy of this order is served upon both, Shri Pankaj Kumar Mandal and Shri Nishit Prasad.
18. Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbdad, and Shri Pankaj Kumar Mandal, the then Sr. Manager (Mining), Collieries Division, Dhanbad are hereby directed to submit an explanation both by post and by uploading to http://dsscic.nic.in/online-link-paper- compliance/add before the Commission, on or before 17.09.2019, explaining why action under Section 20(1) of the RTI Act should not be initiated against them
19. The matter is adjourned to 23.09.2019 at 12.20 PM.
Hearing on 23.10.2019:
20. Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbdad, and Shri Pankaj Kumar Mandal, the then Sr. Manager (Mining), Collieries Division, Dhanbad, attended the hearing through video-conferencing.
21. The respondent (Shri Nishit Prasad) reiterated the submissions made during the hearing on 10.06.2019 and submitted that he had made due efforts to ensure that correct and complete information is furnished to the appellant .
Page 7 of 1122. The respondent (Shri Pankaj Kumar Mandal) submitted that he had furnished a point wise reply to the RTI application to the then CPIO vide letter dated 27.06.2017. As regards point no. 2, copy of the enquiry report conducted by Directorate General of Mines safety (DGMS) is not made available to the concerned colliery. Hence, the appellant should have been informed that the report can be obtained by the applicant from the Regulatory body i.e. DGMS or the RTI application should have been transferred to DGMS. The respondent further submitted that the then CPIO, Shri Nishit Prasad had requested the DGMS to provide a copy of the accident enquiry report. In response, the DGMS vide letter dated 14.08.2017 informed the CPIO that the report of internal enquiry conducted by Colliery Manager/Asst Manager may be provided to the appellant. The respondent (Shri Pankaj Kumar Mandal) further submitted that since he was on leave for two days i.e. 28.08.2017 & 29.08.2017 it was difficult for him to state that whether the said letter of CPIO has been endorsed by the person in charge of Colliery Manager during his leave for compliance with the CPIO's instruction. He also stated that he was transferred from Chasnala Colliery to Tasra Colliery on 13.10.2017 and as such he was not aware of the further development in this matter.
Decision:
23. The Commission, after hearing the submissions of the respondent and perusing the records, observes that though the deemed PIO (Shri Pankaj Kumar Mandal) had furnished a point wise reply to the then CPIO, Shri Nishit Prasad, the CPIO had failed to furnish information to the appellant within the stipulated time period. Shri Nishit Prasad in his submissions had stated that reply received from the APIO (Shri Pankaj Kumar Mandal) was incomplete. Hence, he was instructed to Page 8 of 11 collect complete reply from the various agencies. Further, he had also forwarded the reply from the DGMS, Dhanbad to Shri Pankaj Kumar Mandal, the then Sr. Manager (Mining), Collieries Division, Dhanbad vide letter dated 14.08.2017. Thus, the Commission observes that the then CPIO has not adequately justified the reasons as to why information provided by Shri Pankaj Kumar Mandal was not forwarded to the appellant. The Commission further notes that the information sought vide point no. 2, i.e. a copy of the enquiry report from the DGMS was not available with the Sr. Manager (Mining). Further, as per Sr. Manager (Mining), the DGMS does not provide a copy of the enquiry report to the Colliery Manager and hence, the RTI application should have been transferred under Section 6(3) of the RTI Act to the DGMS which was not done by Shri Nishit Prasad. The Commission also notes that Shri Pankaj Kumar Mandal had admitted that the letter dated 14.08.2017 was received in his office. However, since he was on leave no action has been taken by him. The Commission observes that Shri Pankaj Kumar Mandal was transferred from Chasnala Colliery on 13.10.2017. Hence, he had more than a month to furnish the information sought for to the CPIO/appellant.
24. In view of the above, the Commission observes that both Shri Nishit Prasad CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad and Shri Pankaj Kumar Mandal, the then Sr. Manager (Mining), Collieries Division, Dhanbad had withheld the information sought for by the appellant and failed to provide the information within the stipulated time period. Therefore, both Shri Nishit Prasad CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad and Shri Pankaj Kumar Mandal, the then Sr. Manager (Mining), Collieries Division, Dhanbad are liable to be penalized. The Commission, however, taking a lenient view in the Page 9 of 11 matter, imposes a token penalty of Rs. 2500/- (Rupees two thousand and five hundred only) each on Shri Nishit Prasad, CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad and Shri Pankaj Kumar Mandal, the then Sr. Manager (Mining), Collieries Division, Dhanbad under the provisions of Section 20(1) of the RTI Act for withholding the information sought for and not furnishing the same within stipulated time period.
25. The First Appellate Authority, Collieries Division, Chasnalla Colliery, Dhanbad is directed to recover the amount of Rs. 2500/- (Rupees two thousand and five hundred only) each from the salary payable to Shri Nishit Prasad, CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad and Shri Pankaj Kumar Mandal, the then Sr. Manager (Mining), Collieries Division, Dhanbad by way of Demand Draft drawn in favour of "PAO CAT", New Delhi. The draft should reach the Commission by 31.12.2019. The Demand Draft should be sent to the Deputy Registrar (CR-II), email: [email protected], Room No. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-
110067.
26. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 06.11.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 10 of 11 Addresses of the parties:
1. The First Appellate Authority (FAA) Steel Authority of India Ltd. (SAIL) Collieries Division, Chasnalla Colliery Complex, Po. Chasnalla, Distt. Dhanbad - 818235
2. The Central Public Information Officer (CPIO), Steel Authority of India Limited, Collieries Division, Chasnalla Colliery Complex, Po. Chasnalla, Distt. Dhanbad - 818235
3. Shri Pradeep Kumar Mahato
4. The Deputy Registrar (CR-II), Room No. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067 Page 11 of 11