Central Information Commission
Ashwini Kumar Singh vs Eastern Coalfields Limited on 24 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/ECFLT/A/2017/165179
Ashwini Kumar Singh ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, O/o General Manager, SP ...प्रनतवािीगण /Respondents
Mines, Eastern Coalfield Limited,
Chatra, Deoghar, Jharkhand
Relevant dates emerging from the appeal:
RTI : 01.02.2016 FA : 29.04.2016 SA : 02.09.2017
CPIO : 25.02.2016 FAO : No order Hearing : 22.04.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Eastern Coalfield Limited (ECL), SP Mines, Chatra, Deoghar, Jharkhand seeking information on four points pertaining to one Shri Ram Janam Singh, Ex-employee, SP Mines, Page 1 of 4 including, inter-alia, (i) a copy of the service book of Shri Ram Janam Singh and
(ii) total number of pages in his service book and PF passbook.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has not provided the requisite information. The appellant requested the Commission to direct the CPIO to provide the information sought for and to take penal action against the respondent.
Hearing:
3. The appellant Shri Ashwini Kumar Singh and the respondent Shri B.T. Katare, Chief Manager (Pers.) and CPIO, ECL, SP Mines, Chatra, Deoghar attended the hearing through video conferencing.
4. The appellant submitted that he has sought information pertaining to his father Shri Ram Janam Singh, who was an ex-employee of SP Mines, ECL. However, the CPIO has not provided any information to him. The appellant stated that his father Shri Ram Janam Singh had died on 13.10.2017.
5. The respondent submitted that Late Shri Ram Janam Singh who was an employee of SP Mines was dismissed from service with effect from 09.09.1994. He also affirmed that the service book and other relevant records of Late Shri Ram Janam Singh are not traceable. As regard to the information sought vide point no. 2 of the RTI application i.e. a copy of PF passbook of Shri Ram Janam Singh, he stated that an employee is the custodian of his/her PF passbook and the management has got no control over it. The respondent further submitted that a copy of Form 'B' of Late Shri Ram Janam Singh, as available on record, has Page 2 of 4 already been provided to the appellant in response to his another RTI application. The appellant was informed accordingly vide letter dated 25.02.2016.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that, as per the respondent, the service book and other relevant records of Late Shri Ram Janam Singh are not traceable. The Commission, therefore, directs the respondent to once again make due efforts to thoroughly search the ECL's database to trace the records pertaining to Late Shri Ram Janam Singh and furnish the information sought for to the appellant. In case, the respondent is unable to trace the relevant records he shall file an affidavit with the Commission deposing that no records relating to Late Shri Ram Janam Singh as sought in the RTI application are available with the respondent. A copy of the affidavit shall also be provided to the complainant. The Commission also directs the respondent to allow the appellant to inspect all relevant records pertaining to the information sought in his RTI application on a mutually decided date and time as per the provisions of the RTI Act and to obtain photocopies of the requisite documents, free of charge upto 20 pages. The above directions of the Commission shall be complied with, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above observations, the appeal is disposed of.
Page 3 of 48. 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 23.04.2019 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) O/o General Manager, SP Mines, Eastern Coalfield Limited, Chatra, Deoghar, Jharkhand-815351
2. The Central Public Information Officer (CPIO), O/o General Manager, SP Mines, Eastern Coalfield Limited, Chatra, Deoghar, Jharkhand-815351
3. Shri Ashwini Kumar Singh Page 4 of 4