Central Information Commission
Mrsafir Rahman Khan vs Bharat Cooking Coal Ltd. on 21 September, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/YA/A/2014/002869
Date of Hearing : 17.09.2015
Date of Decision : 21.09.2015
Complainant/Appellant : Shri Safir Rahman Khan
Rep. by Shri Ambuj Pattanayak
Dhanbad
Respondent : Shri R.K. Mondal, PIO
Bharat Coking Coal Limited
Burdwan
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from complaint/appeal:
RTI application filed on : 01.07.2014
PIO replied on : No reply
First Appeal filed on : 07.08.2014
First Appellate Authority (FAA) order on : No order passed
Complaint/ Second Appeal received on : 09.10.2014
Information sought:
The appellant sought information on various points regarding his representation for employment.
Relevant facts emerging during hearing:
Both parties are present and heard through video conferencing. The appellant filed RTI application on 01.07.2014, seeking the above information. On not receiving any response from the PIO within the prescribed time period, appellant filed first appeal. The FAA did not dispose of the first appeal.
The representative of the appellant that till date no information has been given and requested for directions to provide the same. He alleged that that a statement was made by the then Director (Personnel) in 1992 that there are no vacancies which was completely wrong and baseless as more than 110 persons were employed during that period because of political pressure. The respondent stated that the record about which the information has been sought is more than 22 years old, therefore, the same is not traceable. On query by the Commission as to whether they have any record retention schedule or not, the respondent is not able to answer the same.
Decision:-
After hearing both the parties and on perusal of record, the Commission directs the respondent to give an affidavit to the appellant certifying that the record pertaining to the information sought are not traceable, within two weeks of receipt of this order under intimation to the Commission.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Public Information Officer under RTI First Appellate Authority under RTI Senior Manager / CV Area, General Manager - (CV Area), Bharat Coking Coal Limited, Bharat Coking Coal Limited, Chanch Victoria Area, Barakar, Chanch Victoria Area-XII, Post Office -Barakar, Post Office -Barakar,
District - Burdwan-713324 (West Bengal). District - Burdwan-713324 (West Bengal).
Public Information Officer under RTI Shri Safir Rahman Khan Area Manager-Estate / CV Area, Chanch Colliery, Bharat Coking Coal Limited, Near Kali Mandir, Chanch Victoria Area, Barakar, Post Office - Chirkunda, Post Office -Barakar, District - Dhanbad-828202 (Jharkhand). District - Burdwan-713324 (West Bengal).