Central Information Commission
Mr.D P Sharaf vs Coal India Limited on 20 May, 2013
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/SS/A/2012/001868
Dated: 20.05.2013
Name of Appellant : Shri D.P. Sharaf
Name of Respondent : Coal India Ltd., Kolkata
Date of Hearing : 23.01.2013
ORDER
Shri D.P. Sharaf, hereinafter called the appellant, has filed the present appeal dated 9.4.2012 before the Commission against the respondent Coal India Ltd. (CIL), Kolkata for providing incomplete and misleading information in reply to his RTI-application dated 20.12.2011. The appellant was absent whereas the respondent were represented by Shri D. Prasad, GM/FAA, Shri MB. Aparajit, GM/CPIO, Shri B. Swaroop, GM and Shri T.K. De, Sr. Manager (F).
2. The appellant through his RTI application dated 20.12.2011 addressed to the CPIO, SECL, sought information on eleven queries pertaining to Performance Related Pay (PRP) for Executives, which was subsequently transferred u/s 6(3) of the RTI Act to the CPIO, CIL vide letter dated 22.12.2011. The CPIO, CIL vide his letter No. 1950 dated 9.1.2012 acknowledged the RTI application and forwarded it to the concerned department with a request to respond on priority so that the reply could be sent to the appellant within prescribed period and denied information on Point No. 10 of the RTI application u/s 2(f) of the RTI Act. After getting the requisite information from the holder of information, the CPIO vide letter 2026 dated 13.1.2012 replied to the appellant as 2 Case No. CIC/SS/A/2012/001868 follows: "(1) CIL in its meeting (274th Meeting) held on 12.11.2011 advised to Calculate PRP amount payable to the individual Executive for the years 2007-08 to 2009-10 as per Methodology recommended by Remuneration Committee in its meeting held on 5.2.2010 and pay 75% of the amount as recoverable advance. The proposal was also discussed in the meeting between CMOAI and MoC in its meeting held on 25.10.201; (2) Since the subject matter as aforesaid Point No. 1 is a part of Minutes as such Minutes of the Board is treated as confidential document and not for wide circulation. (3) Registration certificates of CIL are enclosed for ready reference; (4) Address of the Registrar of Companies has already been mentioned on the Top of the Certificate of Incorporation of CIL; (7 and 8) Details as stated in aforesaid Sl. No.1; and (11) The subject matter as stated by the appellant in his application is not clear. He was requested to be specific".
3. Aggrieved with the reply of the CPIO, the appellant filed first appeal before the FAA. The FAA his letter No. 667/APP/CIL/DP/Dec 2012/T-2066 dated 28.8,.2012 upheld the decision of the CPIO on Point No. 1, 2, 3, 4, 7, 8, 10 and 11 and directed that information on item Nos. 5, 6 and 9 to be furnished within 21 days.
4. The appellant in his appeal filed before the Commission states that the respondent have wrongly denied him information on Point No. 2 of the RTI application on the grounds that the minutes of the Board are treated as confidential document and not for wide circulation and requests the Commission to direct the respondent to provide him the information.
5. During the hearing the respondent CPIO states that in compliance with the directions of the FAA, the CPIO vide letter No. 1407 dated 19.9.2012 provided requisite information on Point No. 5, 6 and 9 of the RTI application. The respondent FAA apprised the Commission that the issue of PRP has not yet been decided and that it is pending at GOI level in the case of CIL, therefore, the 3 Case No. CIC/SS/A/2012/001868 question of providing a copy of the minutes of the Board Meeting regarding PRP does not arise.
6. The only issue before the Commission is the information requested at query No. 2 of the RTI application. In view of the explanation given by the FAA during the hearing that the issue of PRP is yet to be decided in respect of CIL and that it would be premature to disclose minutes of the Board at this stage, the Commission upholds the decision of the respondent.
The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri D.P. Sharaf, Senior Storekeeper, Regional Stores, South Eastern Coalfields Ltd., Korba (Chattisgarh) The CPIO, Coal India Ltd., 10, Netaji Subhas Road, Kolkata-700001.
The First Appellate Authority, Coal India Ltd., 15, Park Street, 2nd Floor, Kolkata-700016.4 Case No. CIC/SS/A/2012/001868