Central Information Commission Judgements

Mr.Madhaw Singh vs Ministry Of Coal on 26 August, 2011

Central Information Commission
Mr.Madhaw Singh vs Ministry Of Coal on 26 August, 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/2011/000388

Name of Appellant                    :       Shri Madhav Singh

Name of Respondent                   :       Bharat Coking Coal Ltd., Dhanbad

Date of Hearing                      :       16.08.2011

                                         ORDER

Shri Madhav Singh, the appellant has filed this appeal dated 15.1.2011 before the
Commission against the Bharat Coking Coal Ltd., Dhanbad for not providing information to
his RTI-request 13.10.2010. The matter came up for hearing on 16.08.2011 through
videoconferencing. The appellant was present in person, whereas the respondents were
represented by Shri G. Kumar, FAA, Shri Yadav, CPIO at NIC videoconferencing facility
centre, Dhanbad.

2. The appellant filed RTI-request dated 13.10.2010 seeking information on three
queries pertaining to action taken report on complaint dated 4.9.2010. The CPIO, BCCL,
Hqr. Dhanbad vide letter No. BCCL/PIO-M. Singh/10-11/513 dated 9/10.11.2010 informed
the appellant on Point No. 1 that the said letter has been sent to GM, Block-II Area vide
letter dated 14.9.2010 to enquire into the matter and would submit the factual position to
the appellant. Point No. 2 and 3 were in the form of questionnaire and seeking explanation
from the public authority, hence were not covered within the definition of ‘information’ as
per Section 2(f) of the RTI Act.

3. Aggrieved by non-receipt of any response from CPIO within stipulated period, the
appellant preferred first-appeal before FAA on 15.11.2010. The FAA vide order No. BCCL:
CGM (Ws): EWZ/WCD/1st AA/RTI/10:1079 dated 23.11.2010 observed that CPIO vide
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letter dated 9/10-.11.2010 has already replied to the appellant. However, a copy of the
same was again sent to the appellant.

4. During the hearing the respondent submitted that the appellant did not avail the
first appellate channel u/s 19(1) of the RTI Act and has approached the Commission
directly. The present status of the appellant is under investigation.

5. After hearing the parties and on perusal of the relevant documents, the CPIO,
BCCL, HQ, Dhanbad is hereby directed to obtain status of appellant’s complaint from the
holder of information about the present status of his complaint and reply to the appellant
within two weeks of the receipt of this order.

The matter is accordingly disposed of with above direction.

(Sushma Singh)
Information Commissioner
26.08.2011
Authenticated true copy:

(K.K. Sharma)
OSD & Deputy Registrar

Address of the parties:

Shri Madhav Singh,
Qr. No. C-92, Harna Bagan Colony,
Post: Navagarh,
District Dhanbad-828306 (Jharkhand).

The CPIO,
Bharat Coking Coal Ltd.,
Headquarters,
Koyla Bhawan,
PO: BCCL Township,
District Dhanbad-826005 (Jharkhand)

The First Appellate Authority,
Bharat Coking Coal Ltd.,
Headquarters,
Koyla Bhawan,
PO: BCCL Township,
District Dhanbad-826005 (Jharkhand)
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