Central Information Commission
Syed Zabiuddin Zakiuddin vs Petroleum And Explosives Safety ... on 19 July, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/PAESO/A/2021/131830 +
CIC/PAESO/A/2021/135757 +
CIC/PAESO/A/2021/136256
Syed Zabiuddin Zakiuddin ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Petroleum and Explosives Safety
Organisation, RTI Cell, A Block,
5th Floor, CGO Complex,
Seminary Hills, Nagpur-440006,
Maharashtra. ..... ितवादीगण /Respondent
Date of Hearing : 07/07/2022
Date of Decision : 18/07/2022
INFORMATION COMMISSIONER : Saroj Punhani
Note: The above referred Appeals have been clubbed for decision as these are
based on the similar RTI Application.
Relevant facts emerging from appeal:
RTI application filed on : 02/11/2020 & 05/12/2020 & 05/12/2020
CPIO replied on : 07/12/2020 & N.A. & N.A.
First appeal filed on : 01/01/2021 & 01/02/2021 & 01/02/2021
First Appellate Authority order : Not on record & N.A. & N.A.
2nd Appeal/Complaint dated : 23/07/2021 & 10/06/2021 & 10/06/2021
1
CIC/PAESO/A/2021/131830
Information sought:
The Appellant filed an RTI application dated 02.11.2020 seeking the following information:
1. "Kindly provide certified copy of Explosive Rule 1983 published in official Gazette of India vide G.S.R. 248 (E) dt. 2nd March 1983 by Ministry of Commerce and Industry Department of industrial ................promotion Govt. of India.
2. Kindly provide district wise empowered/ appointed/ authorized competent department testing station means the starting stating of petroleum and explosive safety organization (i.e. who is authorized examine explosives or explosive material substances and give opinion that regard) as an body/department/agency/officer/persons/ for central govt. or state govt. u/s 2(56) of explosive Rule 2008.
3. Kindly provide state wise/district wise detail of testing officer appointed/empowered/ authorized by Central Govt. in this behalf u/s 2(56) of explosive Rule 2008.
4. Kindly provide detail list of declared explosive shall accessing the class including any division and sub-division and category within which the explosive falls. U/s 17 of Explosives Act 1884.
5. Kindly provide detail list of explosives who falls under high explosive which is of so dangerous a character that in opinion of the Central Govt. for the public safety u/s 6 of Explosive Act, 1884."
The CPIO furnished a point wise reply to the appellant on 07.12.2020 stating as follows:-
1. G.S.R.88(E) dated 02/03/1983 is annexed may refer rule 179- Annexure-I
2. G.S.R. 88(E) dated 13/02/2015 is annexed in Annexure - II
3. Details of office address of PESO annexed in Annexure-Ill
4. G.S.R. 565(E) dated 20/08/1993 -Annexure
5. Details of state wise testing officer appointed by state government with respect the forensic laboratory of states is not available with this office.
Being dissatisfied, the appellant filed a First Appeal dated 01.01.2021. FAA's order, if any, is not available on record.
2CIC/PAESO/A/2021/135757 Information sought:
The Appellant filed an RTI application dated 05.12.2020 seeking the following information:
1. "Kindly provide certified copy of report submitted by ATS Mumbai Maharashtra regarding seized, detains or removes any Explosives/Explosive substances at Aurangabad District and Nasik District Maharashtra in month of May/June 2006 under section 17 a (1) (2) (3) of Explosives Rules 1983.
2. Kindly provide detail action taken report u/s 180 of Explosives Rules 1983 by this office on the request / Report of ATS Mumbai.
3. Kindly provide any other report/information submitted by district authority of Aurangabad district and Nasik district regarding above mention matter u/s 181 of Explosives Rules 1983.
4. Kindly provide certified copies of approval of chief controller of explosive granted/accorded to ATS Mumbai by this office for transporting seized/detained/removal Explosives/explosives substance from Aurangabad, Nasik to Mumbai by road in month of May/June 2006 u/s/ 20 of explosives Rules 1983.
5. Kindly provide detail list of declared/ authorized explosives shall accessing the class including any division and subdivision and category within which the explosives falls under section 17 of explosives Act 1884.
6. Kindly provide detail list of explosives who falls under prohibited explosives/ high explosives which is so dangerous as character that in the opinion of central govt. for public safety u/s 6 of explosives Act 1884 and u/s 2 (15) of explosives Rules 1983."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 01.02.2021. FAA's order, if any, is not available on record.
CIC/PAESO/A/2021/136256 Information sought:
3The Appellant filed an RTI application dated 05.12.2020 seeking the following information:
1. "Kindly provide certified copy of report submitted by ATS Mumbai Maharashtra regarding seized, detain, removes or recovered any Explosives/Explosive substance at Nasik city in month of September 2010 under section 128 (1) (2) (3) of Explosives Rules 2008.
2. Kindly provide detail action taken report u/s 129 of Explosives Rules 2008 by this office on the request of Report of ATS Mumbai.
3. Kindly provide any other report/information submitted by district authority of Nasik regarding above mention matter u/s 180 of Explosives Rules 2008.
4. Kindly provide certified copy of approval of Chief Controller Of Explosives granted/accorded to ATS Mumbai for transporting seized/recovered Explosives/explosives from Nasik to Mumbai in month of September/October 2010 u/s 20 of explosives Rules 1983 and 10 of Explosives Rules 2008."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 01.02.2021. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal on the grounds of misleading reply received from the CPIO in case no. CIC/PAESO/A/2021/131830 and also on the ground of non- receipt of information in case no. CIC/PAESO/A/2021/135757 & CIC/PAESO/A/2021/136256.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Tamgade, Controller of Explosives & Rep. of PIO present through video-conference.
The Rep. of the CPIO at the outset apprised the Commission that the present CPIO is on leave and therefore, he has been authorized by him to present the instant cases on his behalf.4
In case no. CIC/PAESO/A/2021/131830 -
The CPIO submitted that in response to the RTI Application, a copy of the relevant GSRs' has already been provided to the Appellant, while other records/ information about the details of explosives as sought for are not available with them. To a query from the Commission, he further apprised that the FAA vide order dated 30.06.2022 also disposed off the First Appeal with endorsement to the CPIO's reply. He further tendered his apologies for having not uploaded the said order of the FAA on the CIC's website to facilitate the bench during hearing.
In case no. CIC/PAESO/A/2021/135757 -
To a query from the Commission, the Rep. of CPIO submitted that a point wise reply along with a copy of the requisite GSRs was furnished to the Appellant on 31.12.2020, however a copy of the ATS report as sought for is not available with them therefore, the Appellant was informed accordingly. He further submitted that in the instant case also, the FAA disposed off the First Appeal on 30.06.2022 with endorsement of the CPIO's reply. The Rep. of CPIO tendered his apologies for not having uploaded the said reply and order of FAA on the CIC's website to facilitate the bench during hearing.
In case no. CIC/PAESO/A/2021/136256 -
As a sequel to the submissions in the averred two Appeals, the Rep. of CPIO submitted that a response in the instant case was also provided within the time frame as envisaged in the RTI Act . He further tendered his apologies for not uploading the said reply and order of the FAA on the CIC's website to facilitate the bench during hearing.
Decision:
The Commission observes from a perusal of records that the core contention raised by the Appellant in the instant Appeals is non receipt of complete desired information in response to his RTI Applications. In response to it, the Rep. of CPIO in each of the Appeals submitted that timely response along with relevant information as per its availability has already been provided to the Appellant and further tendered his apologies for not uploading all the replies on the CIC's website.5
Now, firstly considering the submissions of the Rep. of CPIO's during the hearing , the CPIO is directed to upload a copy of all the replies and FAA's orders in response to the instant Appeal (mentioned herein above) on the CIC's website for the purpose of record and also ensure in future that his written submissions in response to cases before hearing of the Commission reach or are uploaded on the CIC's website prior to 48 working hours from the date of hearing of the matter.
Further, considering the prayer of the Appellant, the CPIO is directed firstly to resend a copy each of their replies and FAA's orders to the Appellant . The said replies and information should be provided by the CPIO free of cost to the Appellant within 15 days from the date of receipt of this order under due intimation to the Commission.
Notwithstanding the aforesaid, the Commission although considered the issue of challenges faced by the entire world owing to the COVID pandemic which may have led to the delay in disposal of First Appeals, but at the same time, the Commission cannot lose sight of the fact that it took more a year for FAA to dispose off the First Appeal and the same is viewed adversely. In this regard, a copy of this order is marked to the FAA to take note to ensure that any such pending First Appeals are disposed off expeditiously.
The appeal(s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 6 Copy marked to take note of remarks -
The First Appellate Authority, Petroleum and Explosives Safety Organisation, RTI Cell, A Block, 5th Floor, CGO Complex, Seminary Hills, Nagpur-440006, Maharashtra.7