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(h) copy of CVC office memorandum No. 006/Col/ 036863 dated 29.9.2006 in respect of closure of case/ investigation against R. N. Dwivedi, the then GM (Rajbhasa), Coal India Ltd.
(i) Copy of CIL management's observations vide their letter No. VIG/54/(CVC)/1100 dated 4.9.2006, with its associated papers.
3. Having been 'Not Found Guilty', I seek your permission/ support to prosecute the culprits under section 182 of IPC and file a defamation suit against them without making CVC/ Coal India Ltd any party to the case. The complainants are retired persons from Coal India Ltd and I have also retired on 31.7.07 as such Coal India has nothing to do with us or the case at this stage.
Para 2 (h) Copy of CVC's OM No. 006/COL/036-36863 dated 28/29.09.2006 is enclosed.
Para 2 (i) copy of CIL's letter No. VIG/54/CVC/1100 dated 4.9.2006 may be obtained from Coal India Ltd directly.
Para 3 Your request for permission to prosecute does not amount to any information under the RTI Act."

Aggrieved Shri Dwivedi moved his first appeal before Shri V. K. Gupta, Addl. Secretary and First Appellate Authority on 5.4.08 upon which Shri V. K. Gupta in his order signed on 6.5.08 held as follows:

Upon this, appellant Shri Dwivedi moved his second appeal before us with the following prayer:

"1. The unjustified order of Additional Secretary & Appellate Authority CVC (Shri Vineet K Gupta) vide his memo No. CVC/RTI/APP/08/006-11058 dated 16.05.2008 (received by me on 22.5.2008) may kindly be quashed/ reversed as illegal and issued in violation of RTI provisions.
2. His order vide reference to No. CVC/RTI/APP/08/006- 10160 dated 6/7.5.2008 may be declared as the perfect and enforceable order for compliance by director & CPIO/CVC and other authorities/ offices.
5. The copy of petition dated 28.3.2008, from complainants has also been established to be written to CVC. The CVC may be please directed to obtain/ locate the same and sent it to me separately in due course, if not readily available.
CVC may also please be directed to supply all the papers to me free of cost, duly certified, authenticated and in its totality with all the enclosures including copies of their office proceeding and information associated with this issue."