Central Information Commission
Mr.Nikhil Kumar Singh vs Eastern Coalfields Limited on 22 August, 2013
Central Information Commission
Room No.305, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in Tel No:26167931
Case No: CIC/SS/C/2012/000784
22 August, 2013
Name of the Appellant : Shri N.K Singh, Patna
Name of Respondents : Eastern Coalfields Ltd.,
` Burdwan
Date of Hearing : 21.08.2013
ORDER
Shri N.K Singh, Patna hereinafter called the Appellant has filed the present appeal before the Commission dated 6.7.2012 against the respondent namely Eastern Coalfields Ltd., Burdwan. The Appellant and the Respondent both were present in the hearing.
2. The Appellant through the RTI application dated 4.3.2012 sought information as follows: (1) Names of all those persons i.e. (working Teachers and worker) of the DAV Public School, eastern Coalfields Ltd., Urjanagar, Post officeMahagama (Jharkhand) 814154 who got salary even though they have not worked in the school for a single day along with the detail of rule under which the salary is given to those employees. (2) Names of all the students who registered in class IX during 2001 to 2004 in the school. (3) Copy of agreement between DAV Management Committee, chitrgupta road, Pahar Ganj, New Delhi and Eastern Coalfields Ltd. (4) Names of all those persons i.e. (working teachers and Workers) who work in the said school and those who got more education since 6 years and Details of educational qualification and the year in which they got that qualification.
3. On examination of the application it was observed that the information sought for was related to DAV Public School, Urjanagar, Mahagama and accordingly the CPIO vide letter no: CGM/P&IR/RTI/184 dated 15.5.2012 requested the said school to provide information. The principal DAV Public School submitted the reply to the CPIO letter vide letter no: DAVPS/2012/64 dated 22.5.2012 in which he sought time of 15 days to submit the reply stating that the staff of the school were on summer vacation. After which CPIO replied to the appellant vide letter dated 29.5.2012 that "the information will be furnished to you when it is received from the DAV Public School".
4. Aggrieved with the reply of CPIO, the appellant filed his first appeal dated 11.4.2012 before the FAA on which FAA passed an order dated 30.5.2012 in which he recorded that "It is seen that instead of transfer of application u/s 6(3) of the Act, CPIO, Rajmahal Area has made laudable effort to get the information from the concerned authority from where response is awaited. Hence, CPIO, Rajmahal area is directed to take up the issue with the concerned authority and send the reply to the appellant within 10 days accordingly".
5. Being aggrieved, the appellant filed his second appeal before the Commission wherein he states that he inspite of clear directions of the FAA the CPIO has not provided him with complete information.
6. During hearing before the Commission, the CPIO submitted that a copy of the agreement between the DAV Management Committee and the Eastern Coalfields Ltd. has already been provided to the appellant. However during hearing, this was denied by the appellant. CPIO also submitted that the principal DAV School vide letter no:
DAVPS/URN/2012/75 dated 8.6.2012 informed the CPIO that the school cannot provide confidential information demanded by the Appellant. CPIO submitted that he again sent a letter dated 12.6.2012 mentioning that the "esteemed intuition falls under the definition of 2(h) of the RTI Act denoted "public authority" as it is substantially funded by the Eastern Coalfields Ltd., the govt. co. further no exemption u/s 8 and 9 of the RTI Act. CPIO reuested the principal of the school to provide the information within 5 days otherwise, the said RTI application may be transferred u/s 6(3) of the RTI Act to the principal as being custodian of information." Futher after waiting 5 days, the CPIO Rajmahal area transferred the RTI application of the appellant to the principal, DAV School u/s 6(3) vide letter no:316 dated 18.6.2012.
7. Commission observes on perusal of the CPIO's submissions that he made all efforts to get the information from the custodian of the information who is the principal of the DAV Public School treating the School as 'Public Authority" for the purposes of furnishing information to the appellant.
8. In this connection, Commission directs the CPIOEastern Coal Fields Ltd. to provide the copy of the agreement between the DAV Public School, Urjanagar (ECL), post officeMahagama, DitrictGodda814154 (Jharkhand) and the Eastern Coal Fields Ltd. Commission and also directs the CPIOPrincipal of the DAV Public School, Urjanagar (ECL), post officeMahagama, DitrictGodda814154 (Jharkhand) to provide information requested by the appellant in his RTI application, within 3 weeks of receipt of this order.
9. Appeal is disposed of accordingly.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C Singh) Deputy Secretary To:
1. Shri Nikhil Kumar Singh, Pushpa Palace, BArea, P.O, Mitapur, Patna, Bihar - 800001
2. The Sr. Manager & Public Information Officer, Eastern Coalfields Ltd., Sodepur Area, Sanctoria, P.O. Dishergarh, Burdwan, West Bengal
3. The General Manager, First Appellate Authority, Eastern Coalfields Ltd., Sodepur Area, Sanctoria, P.O. Dishergarh, Burdwan, West Bengal
4. The CPIO, Principal, DAV Public School, Urjanagar (ECL), Post officeMahagama, DitrictGodda814154 (Jharkhand)