Lt Colonel R S Shekhawat vs Steel Authority Of India Ltd. (Sail) on 5 August, 2022

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Central Information Commission

Lt Colonel R S Shekhawat vs Steel Authority Of India Ltd. (Sail) on 5 August, 2022

Bench: Vanaja N Sarna

                              क य सुचना आयोग
                    CENTRAL INFORMATION COMMISSION
                              बाबा गंगनाथ माग
                            Baba Gangnath Marg
                         मु नरका, नई द ल - 110067
                        Munirka, New Delhi-110067

                                             File no.: CIC/SAIL1/A/2021/626345
In the matter of:
Lt Col R S Shekhawat
                                                            ... Appellant
                                      VS

Central Public Information Officer
Steel Authority of India Limited,
Raw Materials Division, Industry House
(4th to 6th Floor), 10 Camac Street,
Kolkata - 700 017
                                                            ...Respondent

RTI application filed on : 03/05/2021 CPIO replied on : 02/06/2021 First appeal filed on : 04/06/2021 First Appellate Authority order : 11/06/2021 Second Appeal dated : 12/06/2021 Date of Hearing : 04/08/2022 Date of Decision : 04/08/2022 The following were present:

Appellant: Present over VC Respondent: Not present Information Sought:

The appellant has sought the following information with reference to SAIL, RMD letter dated 21 April 2021:

1. Provide details of the authority / source through which the DPE guidelines have been obtained by RMD, SAIL, Kolkata.

2. Provide the date of receipt of DPE guidelines at RMD SAIL Kolkata from DPE.

3. Provide information about the authenticity and genuineness of the DPE guidelines provided to the applicant.

Grounds for Second Appeal The CPIO did not provide the desired information.

Submissions made by Appellant and Respondent during Hearing:

The appellant submitted that he is not satisfied with the reply of the CPIO on points no. 2 & 3 as correct information was not given.

The CPIO was not present for the hearing. However, what is noted that the hearing notice issued to the CPIO was returned by the postal authority with the remarks that the addressee left without instructions. Under such circumstances, the CPIO cannot be held responsible for his absence during the hearing.

Observations:

From a perusal of the relevant case records, it is noted that the reply given on point no. 2 is not correct as no date as required by the appellant was given. The CPIO is therefore directed to provide the sought for information to the appellant on this point.

With regard to point no. 3, the CPIO had rightly stated that no information has been sought as the appellant had merely sought clarification regarding authenticity of DPE guidelines and this query being clarificatory in nature is not covered u/s 2(f) of the RTI Act.

Decision:

In view of the above, the CPIO is directed to provide a revised reply on point no.

2 as per the discussions held during the hearing within a period of 10 days from the date of receipt of this order under intimation to the Commission. The registry attached with this bench is directed to assure that a copy of this order is marked to the correct address of the public authority and if no address could be found, the order should be sent to the SAIL, Hqr New Delhi so as to assure compliance of this order by the concerned organisation.

The appeal is disposed of accordingly.

Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचनाआयु!त) Authenticated true copy (अ भ मा णत स या पत त) 2 A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date Copy to:

2. Central Public Information Officer Steel Authority of India Limited Scope Minar, Laxmi Nagar, District Centre, New Delhi - 110 092 3

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