Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.3434/IC(A)/2008
F. No.CIC/MA/A/2008/01232
Dated, the 18th November, 2008
Name of the Appellant: Sh. S. Saran
Name of the Public Authority: Ministry of Steel
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Facts
:
1. The case was heard in absence of the appellant on 17/11/2008.
2. The appellant has asked for certain information relating to the (Coal Scam
in RINL/VSP in 2004. Specifically, he has asked for the following, vide his
application dated May 5, 2005:
a) “A copy of the report of the CBI recommending charge-sheeting of the
officers in the above case may please be provided to me.
b) Reasons for not giving permission to the CBI for charge-sheeting may
please be stated, and a copy of the noting in the file justifying the coal
procurement, and hence not giving clearance for charge sheeting the
officers, may also be given to me.
c) What is the status of the case? Since which date is it lying without acting
on it and in whose office is it presently pending for action?
d) By what time is the clearance for charge-sheeting likely to be given?
e) Who is the competent authority to give final clearance for charge-sheeting
the officers/
f) Please quote the rule/law under which the clearance of the competent
authority of the Ministry of Steel is required for charge-sheeting the
officers of RINL / VSP, based on the report of the CBI, even after the
tainted officers have retired/superannuated from the RINL/VSP.
g) Is there any time limit up to which the competent authority, the Ministry of
Steel in this case, can withhold its clearance for charge-sheeting the
RINL/VSP officers, based on the CBI report?
h) What legal remedy is available for expediting the clearance from the
Ministry of Steel?”
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“If you don’t ask, you don’t get.” – Mahatma Gandhi1
3. The CPIO and the Appellate Authority have, however, refused to furnish
the information u/s 8(1)(h) of the Act.
4. In his appeal before the Commission, the appellant has stated that the CBI
enquiry has been completed and, therefore, denial of information u/s 8(1)(h) is
unjustified. He has also stated that the respondent has not given clearance to
the CBI to charge-sheet the alleged official for unjustified reasons. He has also
stated that a huge amount of about Rs.102 crores was lost to the national
exchequer due to criminal offence by the officials of the PSU.
5. In the course of hearing, the details of action taken by the respondent
were discussed. The CPIO submitted as under:
“CBI had forwarded a self-contained note and requested for approval of
the Government for registering a regular case against Shri. Y.S.S. Rao,
ex-CMD, RINL. This was received in the Ministry on 14.2.2007. After
taking into account the details furnished by the Vigilance Department of
RINL, comments of the Ministry were forwarded to the CBI on 29.10.2007.
CBI again asked for further comments on 8.4.2008. The case was
examined further on the basis of further details obtained from the CVO,
RINL and further comments of the Ministry of Steel had been sent to the
Director, CBI, New Delhi, on the 8th August, 2008.”
6. The relevant file containing the documents relating to the action taken by
the respondent in the matter was produced before the Commission and it was
perused.
Decision:
7. In response to the application for information, the CPIO and the Appellate
Authority have refused to furnish the information u/s 8(1)(h) of the Act, on the
ground that the matter was under investigation and a final decision was yet to be
taken by the Government.
8. At the time of replies given by the CPIO and the Appellate Authority, the
matter was indeed in the process of taking a final decision and the denial of
information u/s 8(1)(h) of the Act is therefore justified.
9. However, during the hearing it emerged that the respondent has taken a
final decision and has also communicated to the CBI vide its letter dated August
8, 2008 whereby the CBI has been informed that the respondent does not agree
with the findings/observations of the CBI, as there was no dishonest intentions of
the alleged officials in the matter of purchase of coal. And, therefore, the CBI’s
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recommendations for initiating necessary action against the alleged officials have
not been accepted.
10. In effect, thus, the process of decision making in the matter is complete
and over. There is, therefore, no justification for withholding information asked
for by the appellant. The denial of information u/s 8(1)(h) of the Act is, therefore,
untenable as the investigation process is over and that the respondent has taken
the final decision in the matter.
11. The CPIO is, therefore, directed as under:
(i) to furnish a point-wise response in respect of each of the information
asked for by the appellant and thus provide the information sought for
by him vide his application dated May 5, 2008;
(ii) to seek concurrence of the CBI u/s 11(1) of the Act for disclosure of the
CBI report within 15 days from the date of issue of this decision. The
appellant may also approach the CBI which is a public authority, for
obtaining the CBI report; and
(iii) to allow inspection of the relevant records and files relating to the
decision making process in the matter. Upon inspection of the
documents, the appellant would be free to specify the documents,
which should be furnished as per the provisions of the Act.
12. The CPIO is, however, free to invoke section 10(1) of the Act, to withhold
certain information. In doing so, he should clearly indicate the reasons for
withholding the information under the relevant provisions of the Act, so that the
matter may be reviewed, if necessary, by the Commission.
13. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari)
Central Information Commissioner ii
Authenticated true copy:
(M.C. Sharma)
Assistant Registrar
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“All men by nature desire to know.” – Aristotle
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Name & address of Parties:
1. Sh. S. Saran, MIG-65, Sector-I, Door No.1-50-4/1, MVP Colony,
Visakhapatnam – 530017.
2. Ms. Indrani Kaushal, Dy. Secretary & CPIO, Ministry of Steel, Udyog
Bhavan, New Delhi.
3. Sh. G. Elias, JS & AA, Ministry of Steel, Udyog Bhavan, Room No.289,
New Delhi – 110 001.
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