CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00236
Dated, the 10th July, 2008.
Appellant : Mr.Majhar Khan
Respondents : (i) South Eastern Coalfields Limited
(ii) Coal India Limited
This second-appeal came up for hearing on 07.07.2008 pursuant to
Commission’s hearing notice dated 07.05.2008. Appellant was present through
his representative, Mr.A.A.Khan, while the respondents were represented by
Mr.Naseem Haider, GM(W) & PIO (Coal India Limited) and Shri S.K. Mitra,
CPIO (South Eastern Coalfields Limited)
2. The appellant’s query contained in his RTI-application dated 31.10.2007
relates to the maximum percentage of marks provided for the Viva Voce test for
promotion of employees to the officers’ grade, which, he claims, was prescribed
by the Supreme Court. He wishes to know if at any time the ceiling prescribed
by the Supreme Court has been crossed by the public authority.
3. The CPIO, SECL replied on 22.11.2007 that since the selection process
has not yet been finalized, there was no information corresponding to his
RTI-queries, which could be furnished to him.
4. The appellant argued before the Commission that the public authority
always knows the maximum marks it had determined for Viva Voce test for
above category of examination.
5. After hearing the parties, Commission noted that the information provided
to the appellant as on 22.11.2007 by the public authority accurately stated the
status of the information. It is possible that there were some later development
but they were outside the scope of the present RTI-application. However,
considering the facts of the case and the willingness of the respondents, it is
directed that the appellant shall be allowed to inspect the files and the documents
on a day and time to be intimated to the appellant by the CPIO within 15 days
from the date of the receipt of this order. Appellant shall be allowed to take
copies, including certified copies, of documents he wish to have on payment of
fee and further fee as may be determined by the CPIO.
6. The appeal is disposed of with these directions.
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7. Copy of this decision be sent to the parties.
Sd/-
(A.N. TIWARI)
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
( D.C. SINGH )
Under Secretary & Asst. Registrar
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