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/AT/A/2010/000962
Name of Appeal : Dr. D. Dhaya Devadas
Name of Respondent : Indian Bureau of Mines
Date of Hearing : 18.07.2011
ORDER
Dr. D. Dhaya Devadas, the appellant has filed this appeal dated 9.9.2010 before
the Commission against the decision of FAA Indian Bureau of Mines, Bangalore for not
providing information to his RTI-request dated 21.6.2010, which came up for hearing on
18.7.2011 through videoconferencing. The appellant was present in person, whereas the
respondents were represented by Shri Girish Kumar, CPIO at NIC videoconferencing
facility at Chennai and Shri R.K. Sinha, FAA at NIC videoconferencing facility at
Bangaluru.
2. The appellant filed RTI-request dated 21.6.2010, seeking information on ten RTI-
queries in respect of mining plan approved by the IBM vide letter No. TN/TCR/MP/GNT-
1688 MDS dated 28.11.2008 covering the mining lease granted to M/s. Indian Garnet
Sand Co. (P) Ltd, Chennai. The CPIO vide letter No 656(4)/2005-Mds Vol. 58 dated
19.7.2010 has replied to the appellant on Point Nos. 1, 2, 5, 8 and 10 stating that
information was not available in the office and on Point No. 3, 6, 7 & 9 related to mining
plan information pertaining to Chapters 3 and 4, held that it cannot be disclosed as per
Commission’s order dated 7.6.2010 and denied information on Point No. 4 u/s 8(1) (h) of
the RTI Act.
3. Aggrieved by the decision of CPIO, the appellant filed first-appeal 30.7.2010 before
FAA. The FAA vide order No.274/7/2005-42-SZ/1798 dated 26.8.2010 has directed the
2 Case No. CIC/AT/A/2010/000962
CPIO to provide information on Point No. 4 – a copy of the inspection report submitted by
Mr. N. Subramaniam, Assistant Mining Engineer of the said Mine Site on 10.3.2010 and
upheld the reply of CPIO on the remaining Points.
4. During the hearing the respondent submitted that in compliance with the direction
of FAA, the information on Point No. 4 has already been furnished to the appellant. The
appellant submitted that he is not pressing for Point No. 1 and 2 but he wants to contest
on Point Nos. 3, 6, 7 and 9.
5. The Commission vide its order No.CIC/SS/A/2011/000141 dated 18.7.2011 (Dr. D.
Dhaya Devadas Vs. Indian Bureau of Mines) has held that “Commission’s order dated
7.6.2010 is perfectly sound and legally firm since it categorically enlists those Chapters of
any Mining Plan which in all contingency have to be disclosed under the RTI Act. The
said order, however leaves it flexibly open for this Commission to decide accordingly at a
future date, in view of the facts and circumstances prevailing thereto, as to whether any
other part of the Mining Plan contains information which may or may not be hit by any
exemption under Section 8 of the RTI Act. The Commission observed that FAA had not
tendered a reasoned order as was required under Section 4(1) (d) of the RTI Act”. The
matter was remitted to back to FAA to pass a reasoned order.
6. Consistent with the above said order of the Commission, the matter is remitted
back to FAA with the direction to consider appellant’s RTI-request on Point Nos. 3, 6 and 7
de novo and pass a reasoned order within twenty days of the receipt of this order. If the
appellant is still unsatisfied with the FAA’s decision, he shall be at liberty to prefer second
appeal before the Commission afresh under the RTI Act.
The matter is disposed of with the above direction.
(Sushma Singh)
Information Commissioner
26.07.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Deputy Registrar
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Address of the parties:
Dr. D. Dhaya Devadas,
President, Federation of Indian
Placer Mineral Industries,
1A, Prasad Street, Sethapathy Nagar,
Velachery,
Chennai-600042.
The CPIO,
Ministry of Mines,
Government of India,
Indian Bureau of Mines,
C4A, Rajaji Bhavan,
Chennai-400090.
The First Appellate Authority,
Ministry of Mines,
Government of India,
Indian Bureau of Mines,
No. 29, Industrial Suburb, Goraguntepalya, Tumkur Road,
Bangalore.