Central Information Commission
Mr.Binod Shaw vs Eastern Coalfields Limited on 30 September, 2011
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/AT/A/2010/000847/SS
Name of Appellant : Shri Binod Shaw
Name of Respondent : Eastern Coalfields Ltd., Burdwan
Date of Hearing : 21.09.2011
ORDER
Shri Binod Shaw, the appellant has filed this appeal dated 12.8.2010 before the Commission against Eastern Coalfields Ltd., Burdwan for not providing information to his RTI-request dated 26.4.2010. The matter came up for hearing on 21.09.2011 through videoconferencing. The appellant was present in person at NIC Videoconferencing Facility Centre, Purulia, whereas the respondents were represented by Shri P.K. Mitra, CPIO at NIC Videoconferencing Facility Centre, Burdwan.
2. The appellant filed an RTI-application dated 26.4.2010 seeking information on four queries - (1) For stoppage of illegal coal mining under the leasehold area of Parbelia and Dubeswari Colliery (ECL), within year 2009 how many times raids were conducted by CISF Personnel; (2) In this raid how many tones of illegal coal and trucks were seized by CISF, a brief information is solicited;.(3) Name of the seized truck owner along with truck number may kindly be provided with reference of appropriate sections under which cases are lodged; and (4) The illegal coal which were seized during the operation are kept under whom custody. The CPIO vide letters No. ECL/HQ/RTI/ID-28/10-11/487 and 1205 dated 11.5.2010 informed the appellant that concerned department informed that there are no CISF Camp at Parbelia and Dubeswari Colliery. However, whenever action against illegal mining is required, CISF is deputed for the same.
2 Case No. CIC/AT/A/2010/000847/SS3. Aggrieved by the reply of CPIO, the appellant preferred first-appeal on 28.5.2010 before FAA. The FAA vide order No. ECL/HQ/RTI/AA-15/10-11/278 dated 22.7.2010 directed the CPIO to transfer the RTI-application to the Commandant, CISF u/s 6(3) of the RTI Act within a week. In compliance with the direction of FAA, the CPIO vide letter No. 834 dated 23.7.2010 transferred the RTI-application to Sr. Commandant, CISF, Dist. Burdwan. The CPIO, ECL vide letter No. 904 dated 9.8.2010 informed the appellant that Sr. Commandant, CISF Unit ECL Seetalpur vide his letter No. IC-11046/MGT. CORRS/ECL(S)/C&I/10-5655 dated 6.8.2010 informed that "under the provisions of Section 24 of the RTI Act, the information sought cannot be provided as the CISF is an Armed Force of the Union and thus is exempted from providing information except for the cases of corruption and human rights violation. The information sought, does not fall precisely within the ambit of the two categories mentioned above".
4. After hearing the parties, the CPIO, ECL is hereby directed to inform the appellant whatever information is available with ECL about raids conducted by CISF about illegal mining and transportation of coal, within two weeks of the receipt of this order.
The matter is accordingly disposed of with the above directions.
(Sushma Singh) Information Commissioner 30.09.2011 Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Binod Shaw, Parbelia Bazar, P.O. Neturia, District Purulia (W.B.) The CPIO, Eastern Coalfields Ltd., Sanctoria, P.O. Dishergarh, District Burdwan (WB).
The First Appellate Authority, Eastern Coalfields Ltd., 3 Case No. CIC/AT/A/2010/000847/SS Sanctoria, P.O. Dishergarh, District Burdwan (WB).