Central Information Commission
Mrp K Saha vs Mahanadi Coalfiels Ltd. on 3 August, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/YA/A/2014/002866
F.No.CIC/YA/A/2014/001424
Date of Hearing : 03.08.2015
Date of Decision : 03.08.2015
Complainant/Appellant : Shri P.K.Saha
Jharsuguda (Odisha)
Respondent : Shri N.K. Ojha, CPIO
Shri R.K. Jha, GM(Pers.)/Exec. Estb.
Shri G. Deburi, GM/FAA Mahanadi Coalfields Sambalpur Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from complaint/appeal:
RTI application filed on 14.05.2014 & 10.01.2014 PIO replied on : 21,06.2014 & 06.02.2014 First Appeal filed on : 30.06.2014 & 11.02.2014 First Appellate Authority (FAA) order on : 02.09.2014 & 02.04.2014 Complaint/ Second Appeal received on : 27.10.2014 & 29.04.2014 The appellant is not present. As both the parties are same in the above mentioned appeals, the case are being heard and decided together:
F.No. CIC/YA/A/2014/002866 The appellant filed an RTI application on 14.05.2014, seeking payment slips of Shri S.P. Ganguly, Sr. Manager (E&M)/Chief Manager (E&M) posted at Belpahar Training Institute, Lakhanpur Area from August 2011 to August 2012. CPIO in his reply provided the payment details and informed that copies of payment slips cannot be provided u/s 8(1)(j) of RTI Act, 2005. The FAA in his order upheld the CPIO's decision.
The respondent re-iterated the earlier stand taken that information regarding salary details that could have been provided, has already been provided to the appellant and that salary slips were denied u/s 8(1)(j).
F.No.CIC/YA/A/2014/001424 The appellant filed an RTI application on 10.01.2014, seeking information on 9 points regarding complaints lodged against him, file-notings/communication on the same, etc. PIO transferred the RTI application to CGM, Lakhanpur Area on Points 8 & 9, GM(P-EE) on Points 1 to 7 and Dy. GM(F) on Point 6. PIO in his reply informed the appellant vide letter dt. 06.02.2014 that information on Point 8 & 9 is being collected and will be provided, once received. The FAA in his order stated that the information cannot be provided to the appellant as the same is exempted u/s 8(1)(h).
The respondent stated that information on Points 1 to 7 were not provided u/s 8(1)(h), as at the time of filing of the RTI application, his case was pending before the High Court of Orissa. He stated that information on Points 8 & 9 was provided to the appellant. He further stated that the same information was provided to the appellant during the proceedings of domestic enquiry against the memo dt. 11.04.2012, issued to the appellant. He further stated that the appellant withdrew his case from the High Court on a later date. Decision:
After hearing the respondents and on perusal of record, the Commission, in F.No.CIC/YA/A/2014/002866, concurs with the decision of CPIO and FAA.
In F.No.CIC/YA/A/2014/001424, the Commission concurs with the decision of CPIO and FAA ad no further action is to be taken in this matter.
The appeals are 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.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Central Public Information Officer under RTI First Appellate Authority under RTI Deputy General Manager (P-MTI/Rajbhasha), Chief Gen. Manager-(Mining/Envt) / HQ., Mahanadi Coalfields Limited, Mahanadi Coalfields Limited, Post Office - Jagruti Vihar, Environment Dept., P.O.-Jagruti Vihar, District - Sambalpur-768020 (Odisha). District - Sambalpur-768020 (Odisha).
Central Public Information Officer under RTI Central Public Information Officer under RTI Chief General Manager / Lakhanpur Area, General Manager (P-EE), Mahanadi Coalfields Limited, Mahanadi Coalfields Limited, Post Office - Jagruti Vihar, Post Office - Jagruti Vihar, District - Sambalpur-768020 (Odisha).
District - Sambalpur-768020 (Odisha).
First Appellate Authority under RTI Central Public Information Officer /RTI Chief General Manager-(HRD), Deputy General Manager (F), Mahanadi Coalfields Limited, Mahanadi Coalfields Limited, HRD Department, P.O.-Jagruti Vihar, 15, Park Street, District - Sambalpur-768020 (Odisha). Kolkata-700016 (West Bengal).
Shri P. K. Saha Senior Manager (Excv.), Belpahar Training Institute, P.O. - Bandhabahal, District - Jharsuguda-768211 (Odisha).