Shri Pradeep Kumar Pandey vs Coal India Limited on 11 June, 2009

Central Information Commission
Shri Pradeep Kumar Pandey vs Coal India Limited on 11 June, 2009
                 CENTRAL INFORMATION COMMISSION
                               .....

F.No.CIC/AT/A/2009/000358
Dated, the 11th June, 2009.

Appellant : Shri Pradeep Kumar Pandey

Respondents : Coal India Limited

Pursuant to Commission’s notice dated 14.05.2009, this matter
came up for hearing through videoconferencing on 08.06.2009.
Appellant was present at NIC Studio at Sidhi. Respondents were present
at NIC Studio at Kolkata. Commission conducted the hearing from its
New Delhi Office.

2. Appellant stated that presently his second-appeal is limited to his
request for information at Sl.No.3 contained in his RTI-application dated
29.10.2008. This item of appellant’s request read as follows:-

“3. The basis of fixing of cut-off marks for the above
examination for the …..departmental employee including
the calculation thereof.”

3. According to the respondents, the cut-off criterion adopted for
the above examination was 40% marks in each paper and 50% in
aggregate. Respondents further stated that this information they were
able to glean from the records which were over 12 years old and parts
of it were missing. They, therefore, expressed their inability to provide
to the appellant any information regarding who was the official who
finally decided the above cut-off percentages for selection.

4. Appellant stated that he wanted the particulars of the authority
which decided the above-mentioned cut-off percentages adopted for
the departmental examination for promotion to the post of Junior
Executive Trainee (Civil) in the year 1995.

5. In view of the fact that respondents are on record saying that the
information regarding who took the decision about the cut-off
percentage in the 1995 was not available on the records and appellant
is insisting upon the same information, it is considered best that
appellant is allowed to inspect the files and documents held by the

AT-11062009-03.doc
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respondents in order to satisfy himself about the veracity of the
information disclosed.

6. Accordingly, it is directed that within two weeks of the receipt of
this order, on a day and time to be intimated to the appellant,
respondents will allow him to inspect the file relating to his above
query. Appellant shall be allowed to take copies including certified
copies on payment of such fee as shall be detriment by the CPIO.

7. Appeal disposed of with these directions.

8. Copy of this direction be sent to the parties.

( A.N. TIWARI )
INFORMATION COMMISSIONER

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