Central Information Commission
S. K. Nagpal vs Ministry Of Heavy Industry & Public ... on 16 December, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MHIPE/A/2018/118136
Shri S.K. Nagpal ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/Director & CPIO (GM Div.) ...प्रनतवादीगण /Respondent
M/o Heavy Industries & Public
Enterprises, CGO Complex,
Lodhi Road, New Delhi-110003
PIO/Asst. Legal Advisor (Judicial
Section), M/o Law & Justice,
Shastri Bhawan, New Delhi
Through:
Shri Rajesh Puri, CPIO, D/o PE
Shri Lal Chand Dabaria, CPIO,
M/o Law & Justice
Date of Hearing : 05.12.2019
Date of Decision : 16.12.2019
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 09.08.2017
PIO replied on : 04.12.2017
First Appeal filed on : 02.01.2018
First Appellate Order on : 23.01.2018
2 Appeal/complaint received on
nd : 05.03.2018
Information soughtand background of the case:
The Appellant filed RTI application dated 09.08.2017 seeking information on 05 points:
1- Please provide me certified copies of all communications/correspondence Letters and drawings submitted by M/s Heavy Engineering Corporation (HEC) and Northern Coalfields Ltd (NCL), Singrauli, Distt. Sidhi (M.P) for making of Award Page 1 of 4 dated 28th February,1997 made by the Sole Arbitrator Shri Shiv Prakash in case No PMA/ALS/4/92 relating to M/s HEC Vs NCL.
2- Please. provide me certified copies of all communications/correspondence Letters and drawings submitted by M/s NCI, Vs HEC in making of Appellate Award vide Appeal no 64/1998 dated 30th November,1999 made by, the D.P. Sharma, Additional Secretary, Ministry. of Law, Justice, &, Company Affairs, Room No 408, A-Wing, Shastri Bhawan, New Delhi in case No PMA/ALS/4/92-relating to M/s NCI,- Verses HEC 3- Please provide copies of all interim orders, final orders (Award & Appellate Award) and file rioting sheets by the staff/concern officers' etc. relating to case No PMA/ALS/4/92 Appeal no 64/1998 4- Please provide certified copies of any part file/file linked to case No PMA/ALS/4/92 and Appeal no 64/1998.
5- Please provide me certified copies of all communications/correspondence Letters and drawings submitted by M/s FIEC and NCL for making of Award dated 28th February,1997 made by the Sole Arbitrator Shri Shiv Prakash in case No PMA/SP/ 12/94 relating to M/s HEC Vs NCL. Etc Asstt. Legal Adviser/CPIO (JS) informed the Appellant vide letter dated 09.10.2017 that no such file/records could be located in the Section. Hence, no information in this regard is available.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 16.10.2017.
FAA vide order dated 20.11.2017 directed the CPIO to transfer the RTI application to the Department of Public Enterprises for providing information sought by the Appellant within 1 week.
PIO/Dy. Legal Advisor & First Appellant Authority, vide letter dated 21.11.2017 transferred the RTI application to Dept. of Public & Enterprises.
PIO/Director (GM Div.), vide letter dated 04.12.2017 informed the Appellant that information sought is not available as it is related to cases which are very old and therefore, no records/files of the cases are available in the office.
Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 02.01.2018. FAA vide order dated 23.01.2018 directed the PIO/GM (Div) to forward a copy of the aforementioned documents to the Appellant within 10 days of issue of this order.
In compliance with the FAA order, PIO/GM (Div) vide letter dated 24.01.2018 furnished the reply.
Feeling aggrieved as dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Page 2 of 4Facts emerging in Course of Hearing:
Submission dated 25.11.2019 has been received from Asst. Legal Advisor (Judicial) which reiterates the facts and circumstances leading to the present Second Appeal.
Both parties are present and heard. The Appellant states that that claim is not settled. He submits that RTI application was filed in the Ministry of Law & Justice but the same was transferred to Department of Public Enterprises. The Respondent from Ministry of Law & Justice submits that since the custodian of the records of arbitration cases and appeals decided under the mechanism of the Permanent Machinery of Arbitration is the Department of Public Enterprises, the RTI was transferred to DPE. Respondent from Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises submits that after receipt of the appeal dated 02.01.2018 of the appellant, the matter was taken up with the office of JS & Arbitrator, PMA to ascertain about the availability of records sought vide RTI application dated 24.11.2017. It has been reiterated by the JS & Arbitrator, PMA vide office note dated 09.01.2018 that the case being very old, no records/file of the cases referred to by the applicant are available in PMA/DPE.
Since the matter relates to Heavy Engineering Corporation Limited (HEC) and National Coalfields Limited, the matter was referred to them for providing inputs on the issue. HEC vide letter dated 27.11.2019 informed as under:
"In reply to the email dated 11.11.2019 concerning CIC notice in the case of HEC Vs NCL before the Sole Arbitrator, the requested documents/records regarding case between HEC & NCL which was pending before Permanent Machinery of Arbitration (PMA) are not available with HEC as informed by the concerned department (Project Division) of HEC. Further, it is to inform that HEC had requested for the entire record of the case through RTI from the Office of Joint Secretary, PMA . the office of Joint Secretary through a reply dated 18th April, 2017 informed that as the case is very old, no records/files of the case are available with them.
The Respondent further submits that NCL vide letter dated 26.12.2017 has already informed the appellant that information sought is not specific and omnibus in nature and vague. Being old and voluminous documents therefore gathering such information from various files will require involvement of huge manpower, time and cost as the same is not held or maintained in such form as sought by the appellant. As such the applicant may be advised to seek specific documents/information or he may inspect the available documents in order to get the information as required. The respondent further submits that appellant never approached NCL for specific documents or inspection of records.
Appellant submits that since the Award was passed in Delhi, he sought the same from concerned Department which is in Delhi. However, during the hearing Appellant has now expressed his willingness to inspect the records maintained in NCL, Singrauli, Distt. Sidhi (M.P).
Page 3 of 4Decision:
After hearing the submissions of both the parties and perusing the available records, in view of the findings of this case, the Commission hereby, directs Sh Rajesh Puri, CPIO and through him the concerned PIO Shri P.K. Sharma Department of Public Enterprises to fix a mutually convenient date and time and inform the Appellant for inspection of records in the Northern Coalfields Ltd (NCL), Singrauli, Distt. Sidhi (M.P), as offered by them vide letter dated 26.12.2017and email dated 11.11.2019, within 4 weeks from the date of issue of this order. The PIO Deptt. Of PE is further directed to send a compliance report in this regard to the Commission by 10.02.2020, with a copy marked to the Appellant.
The appeal is disposed off accordingly, with the above directions.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4