Central Information Commission
Noorafsha Khatri vs Ministry Of Environment & Forests on 5 October, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग
, मुिनरका
Baba Gangnath Marg, Munirka
नई द
ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MOENF/A/2017/156477
Noorafsha Khatri
....अपीलकता
/Appellant
VERSUS
बनाम
CPIO/Scientist 'C', M/o Environment, Forest and
Climate Change, 3rd Floor, Vayu Block, Indira Paryavaran
Bhawan, Jor Bagh Road, Aliganj, New Delhi - 110003. ... ितवादीगण /Respondents
Dates
RTI application : 16.03.2017
CPIO reply : 29.04.2017
First Appeal : 27.04.2017
FAA Order : 04.05.2017
Second Appeal : 16.08.2017
Date of hearing : 24.09.2018
Facts:
The appellant vide RTI application dated 16.03.2017 sought information on nine points as under:
1. Copies of all reports on the study of radioactivity of coal used in thermal power plants in India.
2. Copies of all reports on the study of radioactivity of fly ash generated in coal based thermal power plants in India.
3. Details of institutes/organizations who had conducted the radioactivity studies.
4. Other related information.
The CPIO replied on 29.04.2017. The appellant was not satisfied with the reply of the CPIO and filed first appeal on 27.04.2017. The First Appellate Page 1 of 3 Authority (FAA) disposed of the appeal by virtue of its order dated 04.05.2017. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 16.08.2017. Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Absent
Respondent : Shri N.Subramaniam,
Scientist cum CPIO,
M/o Environment, Forest and
Climate Change
During the hearing, the respondent CPIO submitted that they had received the RTI application dated 16.03.2017 on 30.03.2017 and provided the requisite reply vide their letter dated 29.04.2017 and the First Appellate Authority (FAA)'s order dated 04.05.2017. The replies furnished to the appellant are just and proper and hence the case might be dismissed.
The appellant was not present to plead for this case. On perusal of the relevant case record, it was noted by the Commission that the respondent CPIO, Shri N.Subramaniam, Scientist- C cum CPIO, M/o Environment, Forest and Climate Change submitted that some private agencies had conducted some isolated studies on detection of radioactivity of coal stocks used in coal based power plants in India. They similarly had conducted some studies on radioactivity in fly ash generated in these power plants in the past but no study was conducted under the aegis of the Ministry by any of its subordinates of attached organizations for looking into the radioactivity content of coal or fly ash in power plants. The sought for information is thus not available with the respondent concerned.
Page 2 of 3In view of the above, the respondent CPIO was directed either to provide the sought for information or to file an affidavit in this regard.
Be that as it may, since no desired information was provided to the appellant in the present case, the respondent CPIO is directed to provide revised point wise reply as discussed during the hearing complete in all respects to the appellant as available on record(legible copies), free of charge u/s 7(6) of the RTI Act within 15 days of the receipt of the order. For this purpose, the concerned CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.
The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
OR The respondent CPIO is directed to submit an affidavit to the Commission that no such study was done either by the Ministry or by any other associate organization attached/connected with it in this case within 15 days of the receipt of the order with copy endorsed to the appellant.
With the above observation/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
Amitava Bhattacharyya (अ मताभ भ टाचाय) Information Commissioner ( सूचना आयु त ) Authenticated true copy (अ भ मा णत स या पत त) Ajay Kumar Talapatra (अजय कु मार तलपा ) Dy. Registrar (उप-पंजीयक) 011- 26182594 / [email protected] दनांक / Date Page 3 of 3