Central Information Commission
R R Mehta vs Central Coalfield Limited on 10 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/CCFLT/A/2017/170459
R R Mehta ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Central Coalfield Limited, ...प्रनतवािीगण /Respondents
Piparwar Area, Chatra, Jharkhand.
Relevant dates emerging from the appeal:
RTI : 31.07.2017 FA : 04.09.2017 SA : 04.10.2017
CPIO : No Reply FAO : No Order Hearing : 08.04.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Coalfield Limited (CCL), Piparwar Area, Chatra, Jharkhand, seeking information on five points, including, inter-alia, (i) a copy of the record/list regarding transportation of coal from Piparwar Area through truck to K D Old Siding under Ashok Project , and Page 1 of 4
(ii) truck numbers along with the copies of the record relating to weighing of coal and the weighing scale.
2. The appellant filed a second appeal before the Commission on the grounds that no information/reply has been provided to him by the CPIO, till date. Moreover, the FAA did not adjudicate upon his appeal. The appellant requested the Commission to direct the respondent to provide him the information sought for.
Hearing:
3. The appellant Shri R R Mehta and the respondent Dr. A.K. Singh, Chief Manager (Pers.) and PIO/Piparwar Area, and Shri Shishir Grag, Dy. Manager (Pers.), Ashok Project, Central Coalfield Limited, Chatra attended the hearing through video-conferencing.
4. The appellant submitted that no information/reply has been provided to him by the CPIO, till date. Moreover, the FAA did not adjudicate upon his appeal.
5. The respondent submitted that the information sought by the appellant pertained to the Ashok Project of CCL. Hence, the CPIO vide letter dated 02.08.2017 transferred the appellant's RTI application to Shri U.K. Vidyarthi, Project Officer, Piparwar and Ashok Project seeking his assistance under Section 5(4) of the RTI Act for providing necessary information to the appellant. He further stated that due to non-receipt of the reply from the deemed PIO, reminders dated 21.10.2017 and 31.10.2017 were also sent to the PO, Ashok Project. The information sought for has been received from the deemed PIO only on 07.04.2019. The respondent assured to Page 2 of 4 provide the same to the appellant. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that no information/reply has been provided by the respondent to the appellant in response to his RTI application dated 31.07.2017.
Further, the respondent informed that the Project Officer, Ashok Project has now provided the information to the CPIO, Piparwar Area on 07.04.2019. The Commission, therefore, observes that there has been a delay of more than a year and a half in furnishing the information to the appellant. Moreover, no reasonable justification was provided by the respondent for the same. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to Dr. A.K. Singh, Chief Manager (Pers.) and PIO/Piparwar Area and the deemed PIO, Shri U.K. Vidyarthi, Project Officer, Ashok Project for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against them.
7. The Commission further directs the respondent to provide a point-wise reply in respect of the RTI application dated 31.07.2017 to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
8. With the above observations, the appeal is disposed of.
Page 3 of 49. Copy of the decision be provided free of cost to the parties.
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 09.04.2019 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), Central Coalfield Ltd., O/o The Dy. General Manager, Piparwar Area, Dist. Chatra, Jharkhand.
2. The Central Public Information Officer (CPIO), Central Coalfield Limited, O/o The Dy. General Manager, Piparwar Area, Dist. Chatra, Jharkhand.
3. Shri R R Mehta Page 4 of 4