Central Information Commission
Simanta Sinha vs Northern Coalfield Ltd. on 15 July, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
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/NCFLT/A/2024/625558
Shri SIMANTA SINHA ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Northern Coalfield Ltd.
Date of Hearing : 11.07.2025
Date of Decision : 11.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 30.03.2024
PIO replied on : - -
First Appeal filed on : 05.05.2024
First Appellate Order on : 17.05.2024
2 Appeal/complaint received on
nd : 12.06.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 30.03.2024 seeking information on following points:-
1) "Email dated 20 march 2020, 8.18am sent an email to cmd ncl but the problem/issue was not addressed/solved please provide information for not replying the issue.
2) In a recruitment of ECL has published 7th time waiting list but ncl not published a single list and ncl published new recruitment within a year from the date of joining of candidates in recruitment exam conducted on 2019 surveyor exam adv no NCL/HQ/PD/Manpower/DR/2018-19/486, kindly provide information for not publishing 1st waiting list in the above mentioned recruitment.
3)in INDIA many exams conducted by state government boards, railway board and etc. in which OBC candidates are selected in OBC category only and GENERAL in GENERÁL category only. OBC category cut off higher than GENERAL category, NCL NOT FOLLOWING THE ABOVE RULES OF OBC category. Kindly provide information
4) NCL/HQ/PD/Manpower/DR/2018-19/486-kindly provide marksheet, merit list and joining list and within 1 year anyone left the company who joined
5) I am simanta sinha have appeared in surveyor exam on 27/01/2019, my roll no-86301427 under vacancy vide letter no-
NCL/HQ/PD/Manpower/DR/2018-19/486.
Page 1 I scored 70 marks in the exam and was in 12th no. per marks. And i also went for document verification but not got selected I am on waiting list number 1 in that vacancy but the list was not published.
In the notification there was a clause that the vacancy may increase or decrease but the vacancy remained as such.
6) But again the vacancy was published recently without considering the waiting list. Kindly provide information regarding requirement of publishing notification of surveyor recruitment within a year of publication of merit list without publishing waiting list.
7) kindly provide information for not publishing waiting list for the notification no.NCL/HQ/PD/Manpower/DR/2018-19/486 I here by request you to kindly approve waiting list of surveyor under vacancy vide letter no-NCL/HQ/PD/Manpower/DR/2018- 19/486.
Hope for a positive response from your side.
8) Kindly provide information of no of surveyor required or no. of surveyor post vacant in NCL as per manpower requirement in NCL in the year 2018 to 2019 during the exam conducted vide above notification
9) If the requirements of surveyors was more than the vacancy vide above notification than why the vacancy was not increased kindly provide information
10) I have also emailed my justification for correction request of answer key on 5feb 2019,11.33 am for the exam questions which needed to be reviewed in the above notification exam answer key so kindly provide information/reason for not answering/replying my reviewed questions and answer."
Dissatisfied with the non-receipt of information received from the CPIO, the Appellant filed a First Appeal dated 05.05.2024. The FAA vide order dated 17.05.2024 stated as under:-
"उपरोक्त पररप्रेक्ष्य में डीपीआईओ (भती), एनसीएल ससंगरौली को ननिेनित दकया जाता है दक आवेिक श्री नसमंता नसन्द्हा के आरटीआई आवेिन पंजीकरण संख्या NCFLT/R/E/24/00204 के अंतगगत मांगी गई सूचना इस पत्र प्रानि के 02 सिाह के अंिर के न्द्रीय जनसूचना अनिकारी, एनसीएल को उपलब्ि करावें। के न्द्रीय जनसूचना अनिकारी-एनसीएल, भती नवभाग से वांनित जानकारी प्राि होने पर आवेिक को प्रिान करें गे।
अतः अपील का ननस्तारण उपरोक्तानुसार दकया जाता है।"
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
In compliance of order of FAA, the PIO has furnished reply dated 02.07.2025 as under:
"..I am to refer to your Request for Information under RTI Act 2005, received vide letter dated 30/03/2024 and to say that Reply Attached..
Page 2 Point no.1, 2, 6, 7 and 9 - The queries raised by the applicant does not come under the ambit of information as specified in Section - 2 (f) of RTI Act, 2005.
Point no.3 - With regard to the query raised by the applicant, it is stated that the guidelines/circulars/orders issued from time to time by concerned department of Govt. Of India with regard to reservation for different categories in direct recruitment which are applicable to CPSEs are being complied in Northern Coalfields Limited.
Point no. 4 - With regard to information sought by the applicant, the copy of Notice No. 120 dt. 08.03.2019(Annexure-A)by which the provisional merit panel for the post of Surveyor (Mining) T&S Gr. B had been published against the posts notified vide Employment Notification No. 486 dated: 28.08.2018 is attached herewith. The details with regard to no. of candidates joined in the post of Surveyor T&S Gr. B are specified below:-..."
Written submission dated 07.07.2025 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
"..Kindly refer to the file no.: CIC/NCFLT/A/2024/625558, dated:
20-06-2025 received in this office on 04.07.2025 in respect of RTI application Registration No. NCFLT/R/E/24/00204 dated 30.03.2024 of Shri Simanta Sinha, written statement in this regard is submitted as under: -
1. Shri Simanta Sinha submitted online RTI application Registration No. NCFLT/R/E /24/00204 dated 30.03.2024. (Enclosed at page no.
- 01 & 02)
2. CPIO, NCL forwarded the application through online RTI portal to DPIO (Recruitment dept.), NCL HQ on 31.03.2024 for providing information. (Enclosed at page no.- 03)
3. Applicant filed 1 appeal online Registration No. 05.05.2024. (Enclosed at page no. 04 to 07) NCFLT/A/E/24/00090 Dated
4. First Appellate Authority, NCL passed a decision vide letter no.
एनसीएल/ससंग/अपी० प्रानि० /E-00090/2024/50, दिनांक 17.05.2024 with a copy to the applicant, CPIO-NCL and copy to DPIO (Recruitment dept.), NCL HQ with following direction: -
उपरोक्त पररप्रेक्ष्य में डीपीआईओ (भती), एनसीएल ससंगरौली को ननिेनित दकया जाता है दक आवेिक श्री नसमंता नसन्द्हा के आरटीआई आवेिन पंजीकरण संख्या NCFLT/R/E/24/00204 के अंतगगत मांगी गई सूचना इस पत्र प्रानि के 02 सिाह के अंिर के न्द्रीय जनसूचना अनिकारी, एनसीएल को उपलब्ि करावें।
के न्द्रीय जनसूचना अनिकारी-एनसीएल, भती नवभाग से वांनित जानकारी प्राि होने पर आवेिक को प्रिान करें गे। अतः अपील का ननस्तारण उपरोक्तानुसार दकया जाता है। (Enclosed at page no.
-08)
5. CPIO, NCL HQ sent a letter to the DPIO (Recruitment dept.), NCL HQ after decision of FAA, NCL vide letter no. एनसीएल/ससंग/ज०सू०अनि०-
E/24/00204/2024/174, दिनांक 20 मई 2024 for providing information within 02 weeks. (Enclosed at page no. 09)
6. Again information received from Recruitment dept., NCL HQ after decision of FAA, NCL was sent to the applicant through Email and Page 3 online RTI portal on dated 13.02.2025. (Enclosed at page no. 10 to
23).."
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: Mr. Jayanendra Chaudhary, DM(HR)- participated in the hearing.
The Appellant stated that the relevant information has not been furnished to him within stipulated time frame. He further stated that complete information has not been provided by the PIO.
The Respondent stated that the relevant information as available in their records has been provided to the Appellant. He further stated that the all the vacancies notified for Surveyor (Mining) T&S Gr. B under unreserved category in the relevant Employment Notification had been filled on the final selection and completion of joining formalities of the candidates provisionally shortlisted vide Notice No. 120 dated 08.03.2019.
Decision:
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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