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R R Mehta vs Central Coalfield Limited on 19 August, 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/CCFLT/A/2017/170459


 R R Mehta                                                      ... अपीलकताग/Appellant


                                       VERSUS
                                        बनाम


 CPIO, Central Coalfield Limited,                           ...प्रनतवािीगण /Respondents
 Piparwar Area, Chatra, Jharkhand.


                                     ORDER

1. Show Cause Notices were issued to Dr. A.K. Singh, Chief Manager (Pers.) and PIO/Piparwar Area and the deemed PIO, Shri U.K. Vidyarthi, Project Officer, Ashok Project for not replying to the RTI application of the appellant within the stipulated time. Dr. A.K. Singh, CPIO and Shri U.K. Vidyarthi, deemed CPIO were directed to explain as to why action under Section 20(1) of the RTI Act should not be initiated against them for not replying to the RTI application within the stipulated time.

Hearing on 06.08.2019:

2. The respondent Shri U.K. Vidyarthi, Project Officer, Ashok Project & deemed CPIO attended the hearing through video-conferencing.

3. The respondent admitted that the CPIO, Dr. A.K. Singh had transferred the RTI application vide letter dated 02.08.2017 to him. He also admitted that he had received two reminders dated 21.10.2017 and 31.10.2017 from the CPIO. The respondent, however, could not give any reason or explanation as to why information was not furnished to the CPIO for onward transmission to the appellant.

Decision:

4. The Commission, after hearing the submission of the the respondent and perusing the records, notes that the Show Cause Notice was issued to the respondent because of the delay of more than a year and a half in providing information to the appellant. The Commission also notes that, RTI was transferred to Shri U.K. Vidyarthi, Project Officer, Ashok Project & deemed CPIO on 02.08.2017 by Dr. A.K. Singh, Chief Manager (Pers) and CPIO. Subsequently, reminders were sent on 21.10.2017 and 31.10.2017. However, despite these reminders information was not provided by Shri U.K. Vidyarthi, Project Officer, Ashok Project & deemed CPIO to the CPIO. Moreover, no reasonable justification was provided by the respondent to the Commission. Thus, it can be inferred that the respondent, Shri U.K. Vidyarthihad consciously and deliberately did not furnish information within the stipulated time. In view of the above, the Commission observes that the then CPIO, Shri U.K. Vidyarthi, Project Officer, Ashok Project & deemed CPIO and Dr. A.K. Singh, Chief Manager (Pers) and CPIO are liable to be penalized.

5. The Commission, however, taking a lenient view in the matter imposes a token penalty of Rs. 2500/- (Rupees two thousand five hundred only) on the then CPIO, Shri U.K. Vidyarthi, Project Officer, Ashok Project & deemed CPIO, under the provisions of Section 20(1) of the RTI Act for not providing information to the appellant within the stipulated time.

6. The Commission also notes that the CPIO (Shri A. K. Singh) should have instead of merely issuing two reminders ensured that an appropriate reply was furnished to the appellant within the stipulated time. The Commission, however, observes that the non-action on the part of Dr. A.K. Singh, Chief Manager (Pers) and CPIO, CCL reflects more a lackadaisical approach then a malafide intent to withhold information. In view of this, it would not be appropriate to impose any penalty on Dr. A.K. Singh, Chief Manager (Pers) and CPIO, CCL.

7. The First Appellate Authority, Central Coalfields Limited, O/o the DGM, Piparwar Area, Distt. Chatra, Jharkhand is directed to recover the amount of Rs. 2500/- (Rupees two thousand five hundred only) from the salary payable to Shri U.K. Vidyarthi, Project Officer, Ashok Project & deemed CPIO. The above amount should be remitted by way of Demand Draft drawn in favour of "PAO CAT", New Delhi. The draft should reach the Commission by 05.09.2019. 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.

8. 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 14.08.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:

1. The First Appellate Authority (FAA), Central Coalfield Ltd., O/o The Dy. General Manager, Piparwar Area, Dist. Chatra, Jharkhand.

2. The Central Public Information Officer (CPIO), Central Coalfield Limited, O/o The Dy. General Manager, Piparwar Area, Dist. Chatra, Jharkhand.

3. Shri R R Mehta Page 4 of 4