Central Information Commission
Mr.Madanlal Khanna vs Bharat Cooking Coal Ltd. on 28 June, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/003084
June 28, 2013
Appellant : Shri Madanlal
Respondents : Bharat Coking Coal Limited (BCCL)
Date of Hearing : 27.06.2013
ORDER
The present appeal filed by Shri Madanlal against BCCL, Dhanbad was taken up for hearing on 27.06.2013 when the Respondents were present through Shri A.K. Sengupta, CGM (Washeries) and Dr. A.K. Singh, Sr. Manager (P). The Appellant was present in person.
Facts of the case:
2. The Appellant filed his RTI application dated 19.04.2011 with the CPIO, BCCL, Dhandbad, wherein he made a mention of a letter dated 27.09.2008 written by Asst.
Secretary, Mines & Mineral Department, Government of Jharkhand to the CMD stating that "immediate arrangements for stowing of sand in the unstable areas be made so that Jharia and the fires approaching Jhaira town be brought under control. A report of the CIC/SS/A/2012/003084 Page 1 of 5 2 work done may be sent to the State Government." In this context, the Appellant wanted to know following information:
"1) full details of the sand stowing done as per the above letter
2) A copy of the report on the work thus done sent to the Jharkhand Government as requested by them."
3. The CPIO vide his letter dated 17.06.2011 furnished a detailed reply to the Appellant corresponding to his RTI application.
4. The Appellant, being dissatisfied with the reply given by the CPIO, directly filed an appeal before the Commission on 15.09.2011.
5. Acting on this appeal, the Commission issued an order dated 08.05.2012, wherein it, while advising the Appellant to file his first appeal with the Appellate Authority, also directed the Appellate Authority to pass a speaking order on receipt of first appeal from the Appellant.
6. In compliance with the order of the Commission, the Appellate Authority passed an order dated 09.06.2012 directing the Environment Department and Safety Department of BCCL to furnish the specific information to the Appellant.
7. Since the Appellant did not receive any information despite the order of the Appellate Authority, he filed the present appeal before the Commission. Decision:
8. During the hearing, the Respondents inform the Commission that they, pursuant to the direction of the Appellate Authority, had collected the information from the GM 2 (Environment) and the GM (Safety) and had conveyed the same to the Appellant vide letters dated 16.06.2012 & 22.06.2012. Through letter dated 16.06.2012, the Appellant was provided with quantity of sand stowed for stabilization purpose for the last 5 years of different areas of BCCL mines, while by letter dated 22.06.2012, he was informed that "as per record available, the reply of the letter no. 1162 dt. 27.08.08 has not been sent to Dy. Secretary, Mines & Minerals Deptt., Jharkhand Govt. as sand stowing is not required." The Appellant, present during the hearing, however, denies receipt of the above mentioned letters/replies from the Respondents. The Respondents then hands over a copy of said replies to the Appellant at the hearing itself, while also mentioning that said replies were sent through speed post. The Appellant, on perusing the replies, states that information given is not correct. He says that he wants to know the measures/steps being taken by the pubic authority for prevention of underground fire from spreading in Jharia town. The Respondents then make a mention of 'Master Plan' on this matter which is being implemented by Jharia Rehabilitation Development Authority. According to them, a committee had been set up in the year 2005 to look into this issue.
9. On consideration of the submission above and on perusal of records, the Commission observes that the factual information has been communicated to the Appellant in respect of his RTI request. However, considering the Appellant's complaint that he has not received the replies dated 16.06.2012 & 22.06.2012 from the Respondents, the CPIO is hereby directed to once again send copies of said replies to the Appellant.
10. Appeal is disposed of with the above directions. CIC/SS/A/2012/003084 Page 3 of 5 4 (Sushma Singh) Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar Address to the parties:
1. Shri Madanlal Lal Khanna Secretary Jharia Coalfields Bachao Samiti Main Road, P.O. Jharia 828 111 Dhanbad
2. The Central Public Information Officer Bharat Coking Coal Limited (BCCL) Headquarters office Koyla Bhavan, Koyala Nagar LevelVI Dhanbad 826005 Jharkhand
3. The Appellate Authority/CGM (Oprn.) Bharat Coking Coal Limited (BCCL) Headquarters office Koyla Bhavan, Koyala Nagar LevelVI Dhanbad 826005 Jharkhand 4 CIC/SS/A/2012/003084 Page 5 of 5