Central Information Commission
Appeal No.CIC/WB/A/2007/00618-SM dated 28.2.2007
Right to Information Act-2005-Under Section (19)
Dated 13.02.2009
Appellant : Shri C. Boomi
Respondent : Indian Rare Earths Limited (IREL), Deptt. Of Atomic Energy
The Appellant is not present but represented by Shri Anand Padmanavan.
On behalf of the Respondent, Shri Suresh, CPIO, is present
The brief facts of the case are as under.
2. The Appellant had requested the CPIO in his letter dated 28.2.2007 seeking his opinion
and reaction on the mining activity being undertaken by the IREL in the close proximity of
compound walls and High Tide Line in some fishing villages. The CPIO, in his reply dated
30.3.2007 referred to their earlier reply of 17.11.2006 and informed him that the details sought by
the Appellant were more in the nature of interpretation of statutory rules. He further added that
the Public Authority had nothing more to inform the State Government. In the mean while, the
Appellant had filed an Appeal before the first Appellate Authority and he received the above reply
from the CPIO only after filing that Appeal. The first Appellate Authority decided the Appeal in his
order dated 4.6.2007 and endorsed the decision of the CPIO. The Appellant has come before us
in Second Appeal.
3. We heard the case through video conferencing. After hearing the submissions of both
the sides, we noted that, indeed, the application for information was neither very specific nor did it
list the exact information the Appellant was seeking. It was more in the nature of getting the
views of the CPIO on his assumptions and opinions about the condition of mining in the fishing
villages. The Respondent clearly admitted that if the Appellant would ask for specific information
in a fresh application, it would be provided to him as per the provisions of the Right to Information
(RTI) Act. In view of this, we advise the Appellant, if he so desires, to approach the CPIO again
with a list of specific information he needs and, on receipt of such request from the Appellant, the
CPIO concerned must respond with an appropriate reply within the stipulated period. With the
above observations, the Appeal is disposed off.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application
and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla)
Assistant Registrar