Central Information Commission
R R Mehta vs Central Coalfield Limited on 18 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/2017/163802
R R Mehta ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Central Coalfield Limited, ...प्रनतवािीगण /Respondents
Piparwar Area, Chatra, Jharkhand.
Relevant dates emerging from the appeal:
RTI : 29.06.2017 FA : 31.07.2017 SA : 04.09.2017
CPIO : No Reply FAO : 11.08.2017 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, Piparwar Area, Chatra, Jharkhand, seeking information on two points Page 1 of 5 pertaining to labourers working in Ashok Project, including, inter-alia, (i) wages of skilled, unskilled, semi-skilled workers and amount deducted from their wages towards Coal Mines Provident Fund including various heads/schemes under which their salary is deducted, and (ii) details of the amount allocated to CSR Fund of CCL in 2015 along with the copies of the vouchers showing the expenditures made out of the allocated fund.
2. The appellant filed a second appeal before the Commission on the grounds that the FAA, CCL, Darbhanga House, Ranchi vide order dated 11.08.2017 had forwarded his RTI application to the FAA, CCL, Piparwar Area for providing the requested information to the applicant. However, no information/reply has been furnished to him by the PIO till date. The appellant requested the Commission to direct the respondent to provide him the information sought for, free of cost, and to impose penalty upon the respondent.
Hearing:
3. The appellant Shri R R Mehta and the respondent Shri A.K. Singh, Chief Manager (Pers.) and PIO/Piparwar Area, Central Coalfield Limited, Chatra attended the hearing through video-conferencing.
4. The appellant submitted that he had received a reply dated 29.08.2017 from the CPIO. However, no information was provided to him on point no. 1 (a) and 2 of Page 2 of 5 the RTI application. He also stated that the labourers are yet to be paid their dues by the respondent authority.
5. The respondent submitted that point-wise information as per the available records has been provided to the appellant vide letter dated 29.08.2017. As regards point no. 1(a), the appellant was informed that the information sought was not held by the respondent. The appellant was also informed that the information sought vide point no. 2 is maintained at the Head Office of CCL. In view of this, the appellant was requested to obtain the same for CCL, Ranchi.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, notes that though information was provided on point no. 1 of the RTI application, an appropriate reply has not been furnished by the respondent to the appellant on point no. 2 of the RTI application regarding the amount allocated to CSR Fund of CCL in 2015. The Commission further observes that the respondent stated that since the information is maintained at the Head Office of CCL, the appellant was requested to seek the same from CCL, Ranchi. In view of this, the Commission observes that the respondent was aware that the information sought for was held by CCL, Ranchi. Hence, the respondent should have sought the assistance of the officer concerned, under Section 5(4) of the RTI Act, and furnished the information sought for to the appellant. The Commission, therefore, directs the respondent to provide the information sought for, if required by seeking assistance Page 3 of 5 of the officials concerned under Section 5(4) of the RTI Act, 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.
7. With the above observations, the appeal is disposed of.
8. 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 15.04.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 4 of 5 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 5 of 5