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Central Information Commission

N Rajamony vs Nlc India Ltd. on 25 April, 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/NLCOR/A/2017/161801


N Rajamony                                                   ... अपीलकताग/Appellant


                                      VERSUS
                                       बनाम



CPIO, NLC India Limited,                                ...प्रनतवािीगण /Respondents
Neyveli, Cuddalore, Tamil Nadu.


Relevant dates emerging from the appeal:

RTI : 07.07.2017              FA    : 01.08.2017            SA : 29.08.2017

CPIO : 13.07.2017             FAO : 04.08.2017              Hearing : 23.04.2019


                                    ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), NTPL, Tuticorin, seeking information on four points pertaining to Dry Fly Ash generation and distribution, including, inter-alia, (i) total dry fly ash and pond ash generation during March 2017 to June 2017, and (ii) total amount accumulated from sale of dry fly ash during Nov. 2015 to March 2016, April 2016 to March 2017 and during April 2017 to June 2017.

2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has not provided the information sought vide point no. 4 of the RTI application. The appellant requested the Commission to direct the respondent to furnish the requisite information to him.

Hearing:

3. The appellant Shri N Rajamony and the respondent Shri M Madava Radjou, CPIO and Addl. DGM, NLC India Limited, Tamil Nadu attended the hearing through video-conferencing.

4. The appellant submitted that the CPIO has not provided the information sought vide point no. 4 of the RTI application. He stated that the CPIO did not provide information on the ground that the query is not specific. The appellant, however, clarified that he had sought to know the amount (in rupees) collected from sale of dry fly ash to cement and brick manufacturers during Nov. 2015 to March 2016, April 2016 to March 2017 and during April 2017 to June 2017.

5. The respondent submitted that appellant is a habitual information seeker and has sought similar information in the past relating to generation and distribution of Dry Fly Ash which had been provided to him. Nonetheless, in compliance of the FAA's order dated 04.08.2017, point-wise information as per the available records has been provided to the appellant vide letter dated 05.08.2017. The respondent further informed that the information sought by the appellant on point no. 4 of his RTI application was not clear as to whether he had sought to know the quantity of dry fly ash sold or the amount (in rupees) collected from the sale of the material as well as who did he refer to as 'others' in his RTI application. Hence, no information could be provided to him in this regard.

Decision:

6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that as per the appellant, he had sought to know the amount (in rupees) collected from sale of dry fly ash to cement and brick manufacturers during Nov. 2015 to March 2016, April 2016 to March 2017 and during April 2017 to June 2017, vide point no. 4 of his RTI application. In view of this, the Commission directs the respondent to provide the information sought vide point no. 4 of the RTI application to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 24.04.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:

1. The First Appellate Authority (FAA) NLC India Limited, HR Dept., Corporate Office, Neyveli, Cuddalore, Tamil Nadu- 607801.

2. The Central Public Information Officer (CPIO), NLC India Limited, Central Public Information Office, Neyveli, Cuddalore, Tamil Nadu- 607801.

3. Shri N Rajamony Page 4 of 4