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Central Information Commission

Ajay Tomar vs Coal India Limited on 16 February, 2024

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                   के न्द्रीय सूचना आयोग
                          Central Information Commission
                                बाबागंगनाथमागग, मुननरका
                          Baba Gangnath Marg, Munirka
                            नईदिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/CILTD/A/2023/624977

Shri Ajay Tomar                                                   ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO, Coal India Limited, Kolkata                              ...प्रनतवािीगण /Respondent

Date of Hearing                           :   15.02.2024
Date of Decision                          :   16.02.2024
Chief Information Commissioner            :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :            15.02.2023
PIO replied on                    :            14.03.2023
First Appeal filed on             :            18.03.2023
First Appellate Order on          :            17.04.2023
2 Appeal/complaint received on
 nd                               :            22.05.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 15.02.2023 seeking information on following points:-
"what is the cut off of cbt mt law exam 2022 all category against advertisement no. 03/2022 phase first final ans key of cbt exm coal India release or not please answer."

The CPIO, Coal India Limited vide letter dated 14.03.2023 replied as under:-

"Concerned department has stated the following:
1. The desired information will be available after the completion of the Process.
2. The desired information is not available at present. However, the response sheet, question and mark obtained by the applicant was provided in the individual login portal of the candidate since 11.09.2022 10 AM till 15.09.2022 11 55 PM in respect to the Notice No 06 2022 dated 12.09.2022. The applicant may refer to the Notice No.06 2022 dated 12 Sep 2022 for information. The same is available in the CIL website.

In case you wish to prefer an appeal, you may write to Sri PR Prasad GM PAD/FAA CIL"

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.03.2023. The FAA, Coal India Limited, Kolkata vide order dated 17.04.2023 upheld the reply of the CPIO.
Page 1 of 2 Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO and Chief Manager P/R, Coal India Limited, Kolkata vide letter dated 05.02.2024 wherein the replies available on record were reiterated.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri Chinmayanand Gupta, CPIO The Appellant stated that no information was provided by the Respondent, till date. He specifically referred to the second part of his RTI application and stated that the final answer key prepared by the public authority after taking into consideration the objections of stakeholders to the initial answer key was also not disclosed, till date.
Shri Chinmayanand Gupta stated that the cut off marks were disclosed on the website after the completion of selection process. Regarding the final answer key he assured that the same would be provided to the Appellant at this stage, if so directed by the Commission.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the Shri Chinmayanand Gupta, CPIO to re- examine the RTI application and provide point wise information to the Appellant within 15 days from the date of receipt of this order under intimation to the Commission.
The instant Second Appeal stands disposed off as such.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 of 2