Central Information Commission
Pradeep Kumar vs Steel Authority Of India Ltd. (Sail) on 14 June, 2019
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/SAIL1/A/2017/147385
Pradeep Kumar Mahato ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Steel Authority of India ...प्रनतवािीगण
Limited, Collieries Division, /Respondents
Dhanbad.
ORDER
1. A Show Cause Notice was issued to the CPIO, Steel Authority of India Limited, Collieries Division, Chasnalla Colliery Complex, PO. Chasnalla, Distt. Dhanbad on 18.02.2019, in compliance of the Commission's order No. CIC/SAIL1/A/2017/147385 dated 10.09.2018, wherein the Commission has observed that the information sought vide point nos. 3 to 5 of the RTI application has been provided by the respondent to the appellant after considerable delay. The CPIO was directed to explain as to why action under Section 20(1) of the RTI Act should not be initiated against him for not providing the information sought for to the appellant within the stipulated period.
Page 1 of 6Hearing on 26.03.2019:
2. The respondent Shri Arvind Hembrom, Asstt. General Manager (Estate), Steel Authority of India Limited, Collieries Division, Dhanbad attended the hearing through videoconferencing.
3. The respondent submitted that, as per the available records, a point wise reply was received on point nos. 3 to 5 of the RTI application from the Senior Manager (Mining) vide letter dated 29.06.2017. However, the same was furnished to the appellant vide letter dated 01.09.2018 only. He stated that though he had joined as CPIO and Asstt. General Manager (Estate), Collieries Division, Dhanbad on 05.01.2018, the instant matter had come to his notice only after receiving the Notice of Hearing dated 08.08.2018 from the Commission. Thereafter, he furnished the above said letter dated 29.06.2017 to the appellant vide letter dated 01.09.2018. He clarified that at the time of receiving the said letter dated 29.06.2017 from the Senior Manager (Mining), Shri Nishit Prasad was the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad [presently working as Deputy General Manager (Materials) at Steel Authority of India Limited, Bokaro] and hence he would not be able to explain as to why the above said letter dated 29.06.2017 which contains the information on point nos. 3 to 5 of the RTI application, was not sent to the appellant within the stipulated time.
Interim Decision:
4. The Commission, after hearing the submissions of the respondent and perusing the records, observes that Shri Arvind Hembrom joined as CPIO and Asstt.
General Manager (Estate), Collieries Division, Dhanbad on 05.01.2018. However, Page 2 of 6 he furnished the letter dated 29.06.2017 which contains the information on point nos. 3 to 5 of the RTI application, to the appellant vide letter dated 01.09.2018. The explanation submitted by the respondent in response to the Show Cause Notice is not satisfactory. Hence, in the interest of justice one last opportunity is provided to him to submit his written explanation in the matter once again.
5. The Commission also notes that, as per the respondent, at the relevant time Shri Nishit Prasad was the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad, who is also responsible for not furnishing the letter dated 29.06.2017 to the appellant within the stipulated time period. The Commission, thus, finds that Shri Nishit Prasad, the then CPIO also obstructed in furnishing the information sought for to the appellant. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. The respondent Shri Arvind Hembrom, CPIO and Asstt. General Manager (Estate), Collieries Division, Dhanbad shall ensure that a copy of this order is served upon Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad.
6. The matter is adjourned to 23.04.2019 at 01.00 PM.
Hearing on 23.04.2017:
7. The respondent Shri Arvind Hembrom, AGM and PIO, Steel Authority of India Limited, Collieries Division, Dhanbad attended the hearing through video conferencing.
Page 3 of 6Interim Decision:
8. The Commission, after perusing the records, notes that Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad has not submitted a written statement to the Commission in response to the Show Cause Notice dated 01.04.2019 issued against him. Hence, in the interest of justice, one last opportunity is given to Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. The matter would next be taken up for hearing on 10.06.2019 at 12.50 PM.
Hearing on 10.06.2019:
9. Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad attended the hearing through video conferencing.
10. The respondent submitted that he had made due efforts to ensure that correct and complete information is furnished to the appellant in response to his RTI application. In this regard, he submitted that since the reply dated 29.06.2017 received from Mining Department was incomplete, the APIO concerned was instructed to obtain complete reply from various agencies. Information was also requested from CPIO, Directorate General of Mines Safety (DGMS), Dhanbad vide letter dated 20.06.2017. The reply from DGMS, Dhanbad was received and the same was intimated to Sr. Manager (Mining) vide letter dated 14.08.2017. The Sr. Manager (Mining) agreed to hand over the documents to the appellant on payment of Rs. 380/- as photocopying charges vide letter dated 24.08.2017. It was then intimated to the Sr. Manager (Mining) vide letter dated 25.08.2017 that the period Page 4 of 6 for supply of reply has already crossed the admissible limit due to which they will have to provide the documents free of cost as per RTI Rules. He further submitted that he had informed the appellant vide letter dated 09.06.2017 that reminders have been sent to deemed PIOs to furnish the replies to the appellant.
Interim Decision:
11. The Commission, after hearing the submissions of the respondent and perusing the records, observes that Show Cause Notice was issued to Shri Nishit Prasad, the then CPIO and Deputy General Manager (CSR), Collieries Division, Dhanbad as he had not forwarded the letter dated 29.06.2017 to the appellant. Shri Nishit Prasad in his written submission clarified that letter dated 29.06.2017 was incomplete and hence APIO concerned was instructed to obtain complete reply from various department before furnishing the same to the appellant. The complete information which was received from the DGMS, Dhanbad was forwarded to the Sr. Manager (Mining) vide letter dated 14.08.2017. However, the Sr. Manager (Mining) did not provide the information sought for to the appellant. In view of this, the Commission finds that the Sr. Manager (Mining) has obstructed in furnishing the information sought for to the appellant. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to the Sr. Manager (Mining), Collieries Division, Dhanbad for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. The respondent Shri Arvind Hembrom, CPIO and Asstt. General Manager (Estate), Collieries Division, Dhanbad shall ensure that a copy of this order is served upon the Sr. Manager (Mining), Collieries Division, Dhanbad.
12. The matter would next be taken up for hearing on 25.07.2019 at 12.40 PM.
Page 5 of 613. Copy of the interim decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 12.06.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA) Steel Authority of India Ltd. (SAIL) Collieries Division, Chasnalla Colliery Complex, Po. Chasnalla, Distt. Dhanbad - 818235
2. The Central Public Information Officer (CPIO), Steel Authority of India Limited, Collieries Division, Chasnalla Colliery Complex, Po. Chasnalla, Distt. Dhanbad - 818235
3. Shri Pradeep Kumar Mahato Page 6 of 6