Central Information Commission Judgements

Ms.Sumitra Majumdar vs Ministry Of Coal on 18 October, 2011

Central Information Commission
Ms.Sumitra Majumdar vs Ministry Of Coal on 18 October, 2011
                         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/2011/000257

Name of Appellant                     :       Ms. Sumitra Majumdar

Name of Respondent                    :       Central Mine Planning & Design Institute
                                      Ltd., Ranchi

Date of Hearing                       :       22.09.2011

                                          ORDER

Ms. Sumitra Majumdar, the appellant has filed this appeal dated 12.1.2011 before
the Commission against the decision of FAA, Central Mine Planning & Design Institute Ltd.
(CMPDI), Ranchi for not providing complete information to her RTI-request dated
23.5.2010. The matter came up for hearing on 22.09.2011 through videoconferencing. The
appellant was absent, whereas the respondents were represented by Shri A.K. Devdas,
FAA and Shri P.K. Srivastava, GM & CPIO at NIC Videoconferencing Facility Centre,
Ranchi.

2. The appellant filed an RTI-application dated 23.5.2010 seeking information on nine
queries in connection with the holding up retirement dues of Shri K. Majumdar. The CPIO
vide letter No. CMPDI:ICT:101:2010:72 dated 4.6.2010 informed the appellant that two
criminal complaint cases have been filed against Shri K. Majumdar, the then GM, CMPDIL
and Shri B.M. Prasad, Ex. Chief Finance Manager before the Chief Judicial Magistrate,
Ranchi u/s 406, 409, 420, 120-B of IPC and were still subjudice. A Cr. M.P. No. 476/2006
filed by Shri Kalyan Majumdar against the aforesaid complaint case and other accused
challenging the same before the High Court, Ranchi was still pending. The information
was denied u/s 8(1) (h) of the RTI Act, as it would impede the process of investigation.

2 Case No. CIC/SS/A/2011/000257

3. Aggrieved by the reply of CPIO, the appellant preferred first-appeal dated 1.7.2010
before FAA. The FAA vide order No. CMPDI:ICT:101:2010:119 dated 2.8.2010 provided
information to the appellant, except on Point No. 5 (ii) & (iii) Point No. 6(i), Point No. 7(ii)

(iii) & (iv) for the reason that the records were not immediately traceable . The CPIO vide
letter No. 210 dated 22.11.2010 provided information on Point No. 2, 3, 4 and 6.

4. During the hearing the respondent submitted that the information sought by the
appellant was for the period March, 1996 to March, 2010 and most of the sought
information did not carry any reference number, date and year, due to which reason some
time was taken to trace out the relevant information. However, the balance information as
mentioned in appellant’s second-appeal before the Commission had been sent to the
appellant by the CPIO vide letter No. CMPDI: ICT: 101:2011:173 dated 15.9.2011 on
remaining Point No. 5 (ii) & (iii) and Point No. 7 (ii), (iii) & (iv).

5. After hearing the respondent and perusing the relevant documents in file, the
Commission is of the considered view that the requisite information has been provided to
the appellant by the respondent.

The matter is accordingly disposed of at Commission’s end.

(Sushma Singh)
Information Commissioner
18.10.2011
Authenticated true copy:

(K.K. Sharma)
OSD & Deputy Registrar
3 Case No. CIC/SS/A/2011/000257

Address of the parties:

Ms. Sumitra Majumdar,
C/O Shri Kalyan Majumdar,
“Daffodil Blooms”, Flat No. 3F, F/F 12,
Hatiara Road,
Kolkata-700059.

The CPIO,
Central Mine Planning & Design Institute Ltd.,
Gondwana Place, Kanke Road,
Ranchi-834031 (Jharkhand)

The First Appellate Authority,
Central Mine Planning & Design Institute Ltd.,
Gondwana Place, Kanke Road,
Ranchi-834031 (Jharkhand)