Central Information Commission
Bromieo J A vs Ministry Of Coal on 28 February, 2019
.के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CILTD/A/2017/602179
Bromieo J A ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Coal India Ltd., Kolkata ...प्रनतवािीगण /Respondents
Relevant dates emerging from the appeal:
RTI : 25.01.2017 FA : 17.02.2017 SA :06.04.2017
CPIO : 16.02.2017 FAO : 31.03.2017 Hearing : 25.02.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Coal India Ltd. (CIL), Kolkata seeking reasons for non-payment of Performance Related Pay (PRP) to the executives of CIL for the years 2014-15 and 2015-16.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO denied information under Section 2(f) of the RTI Act. The appellant Page 1 of 4 requested the Commission to direct the CPIO to provide the information sought for to him.
Hearing:
3. The appellant was not present despite notice. The respondent Shri D.J. Nayak, General Manager (MP&IR) and CPIO, Coal India Ltd. and Shri Devendra Prasad, General Manager and FAA, Coal India Ltd. Kolkata attended the hearing through videoconferencing.
4. The respondent submitted that the appellant has sought information pertaining to the reasons for non-payment of PRP to the executives of CIL for the years 2014-15 and 2015-16. He stated that at the time of receiving the RTI application the implementation of PRP scheme was under process. Subsequently, the payments were made to the executives under the said scheme after the approval of the competent authority. The respondent admitted that the reasons for non- payment of PRP could have been provided to the appellant and the information sought for was wrongly denied to the appellant under Section 2(f) of the RTI Act. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, notes that the appellant has sought 'reasons' for non-payment of PRP to the executives of CIL for the years 2014-15 and 2015-16. The CPIO instead of providing the information, available on record, incorrectly denied the information stating that the information sought for does not fall within the Page 2 of 4 definition of 'information' as per Section 2(f) of the RTI Act. The Commission takes a very serious view of this lapse. The public information officers are entrusted with the responsibility of providing information to the citizen under the RTI Act. It is expected that the CPIO on receipt of a request shall as expeditiously as possible furnish an appropriate response to the applicant. In this case, the CPIO did not discharge his responsibility properly. The Commission, therefore, would like to counsel the CPIO to be more careful in future so that such lapses do not recur and that the provisions of the RTI Act are implemented in letter and spirit.
6. The Commission also directs the CPIO to provide the reasons, as on the date of reply to the RTI application, for non-payment of PRP to the executives of CIL for the years 2014-15 and 2015-16, to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to this 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 (मुख्यसूचना आयुक्त) दिनांक / Date 28.02.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S.Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:
1. The Central Public Information Officer (CPIO), Coal India Ltd.
Head Office, Coal Bhawan Premise No. 4 MAR, Plot No. AF-III Action Area 1A, Newtown Rajarhat, Kolkata-700156
2. Shri Bromieo J A Page 4 of 4