Central Information Commission
M S Darbari vs Coal India Limited on 29 March, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/A/2016/000856
Date of Hearing : 20.03.2017
Date of Decision : 20.03.2017
Appellant/Complainant : Shri M S Darbari
Respondent : Coal India Limited
Represented by: Sh. Bijay Swaroop,
PIO, Mr. C V Sood-FAA, Ms. Kavita
Gupta-APIO
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 08.07.2015
PIO replied on : 20.08.2015
First Appeal filed on : 19.09.2015
First Appellate Order on : 06.11.2015
2nd Appeal/complaint received on : 18.02.2016
Information soughtand background of the case:
Vide RTI application dated 04.12.2015, the appellant sought information relating to the transfer policy of executives of CIL, posting of spouses at same station and other related information. The CPIO replied vide letter dated 20.08.2015 claiming exemption under Section 8(1)(j) of the RTI Act in response to queries no. 3 & 5 while providing information as available on record in response to the queries number 2 & 4, to the appellant. Not satisfied with the responses received from CPIO, the appellant filed first appeal. The FAA upheld the CPIO's response in queries 3 & 5 vide letter dated 06.11.2015. Feeling aggrieved, the appellant approached the Commission.
Relevant facts emerging during hearing:
During the hearing both the parties were present and submitted their respective contentions. At the outset, the appellant submitted that while he had sought information from the Ministry of Coal, his application was redirected to the Coal India Ltd. (CIL) in order to deliberately deny him even basic information about transfer policy. The Respondent has submitted a concise narrative dated 16.03.2017 stating that the RTI application dated 08.07.2015 was received in their office on 23.07.2015 and information as available has already been provided vide letter dated 03.08.2015 in the form of 22 pages against the query number 1. In response to the query number 2, the Respondent stated that no information was available with them but if at all, the Ministry of Coal would have information in this regard and the answering Respondent, CIL had received only a verbal instruction in 2011 to prepare a list of employees to be transferred. The Respondent further stated that four other persons were similarly placed like the appellant whose transfer orders had been issued. All of these employees joined at their respective posting/s and after making various representations on grounds like illness and service of spouse, they were subsequently transferred back to their desired locations after a year or two. However, the appellant did not ever join at the transfer posting and because of such act of defiance, disciplinary action was initiated against him by the department. On finding the appellant guilty, the Respondent dismissed him from service on 27.11.2015. Proceeding further, the Respondent stated that information against queries 3 and 5 were denied invoking Section 8 (1)(j) of the RTI Act. The Appellant stated he was also aggrieved since certified copy of the transfer guidelines were not provided to him.
Decision:
After hearing detailed submissions and perusal of record, the Commission directs the Respondent to obtain relevant information against the query number 2 from the Ministry of Coal, as to whether any formal order was ever issued with respect to posting of spouses at same station, and provide the same to the appellant. In so far as queries number 3 & 5 are concerned, the Respondent should disclose the reason behind the transfers of the employees about whom the Appellant has enquired, clarifying whether the transfer/s were regular or on compassionate ground etc. The information as directed above should be furnished within three weeks of receipt of this order.
The appeal is disposed of accordingly.
(Yashovardhan Azad) 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.
(R.P. Grover) Designated Officer Copy to:-
CPIO First Appellate Authority under
Genera Manager-Pers, Coal India RTI
Limited, Coal Bhawan Premises General Manager-(CC &PR), Coal
no. 04, MAR, Plot no. AF-II, India Limited, Coal Bhawan
Action Area-1A, New Town Premises no. 04, MAR, Plot no.
Rajarhat, Kolkata-700156 AF-II, Action Area-1A, New Town
Rajarhat, Kolkata-700156
M S Darbari General Manager-(P/EE)
House No. A-157, 2nd Floor, New Coal India Limited, Friends Colony, New Delhi- Coal Bhawan Premises no. 04, 110025 MAR, Plot no. AF-II, Action Area-
1A, New Town Rajarhat, Kolkata-
700156