CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2009/000830
Dated, the 15th January, 2010.
Appellant : Shri Rakesh Kumar Mittal
Respondents : Ministry of Coal
This second-appeal came up for hearing on 13.01.2010 pursuant
to Commission’s notice dated 21.12.2009. Appellant was present
through his Counsels, Shri Srinivas and Ms.Madhumita D. Mitra, while the
respondents were represented by Shri K.C. Samria, Director and
Shri V.S.Rana, Under Secretary.
2. As could be inferred from appellant’s oral submissions and
through his RTI-application dated 19.06.2009, it was his intention to
seek information from the respondents on whether a certain
environmental clearance was taken before the coal-block was put to
public auction. Respondents rightly declined to respond to such a query
as it went beyond the scope of Section 2(f) of the RTI Act and was more
in the nature of seeking an explanation rather than information. They
pointed out to the applicant that the procedure for allocation of
coal-blocks was all in the public domain ⎯ on the website of the
Ministry of Coal ⎯ and they have nothing to add to what has already
been put out.
3. The Counsels for the appellant stated that if the respondents
were not in a position to answer this query specifically, then they
should be allowed to inspect the connected file in terms of Section 2(j)
of the RTI Act.
4. Respondents stated that the matter about allocation of the
specific Hurilong & Hutar ‘C’ Coal Blocks at Jharkhand was already
before law courts and inspection of the files connected with a court
matter needed to be debated before decision was made.
5. I find the request of the applicant to be fair one. If the file in
which this matter was dealt-with was itself open to disclosure, there is
no reason why such disclosures should not be authorized simply because
it is somehow related to an ongoing litigation in a court of law. The
AT-15012010-03.doc
Page 1 of 2
matter being sub-judice is not a bar for disclosure of an information
under the RTI Act.
6. It is, therefore, directed that respondents shall allow the
appellant to inspect the subject-file on a day and time to be intimated
to him in advance within two weeks of the receipt of this order.
Appellant shall be allowed to take photocopies of documents he might
select on payment of the requisite fee.
7. Appeal disposed of with these directions.
8. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
AT-15012010-03.doc
Page 2 of 2