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/SS/A/2012/000688
Dated: 16.08.2012
Name of Appellant : Shri Shivdayal Bisandare
Name of Respondent : Western Coalfields Ltd.
Date of Hearing : 24.07.2012
ORDER
Shri Shivdayal Bisandare, hereinafter called the appellant has filed the present appeal dated 22.12.2011 before the Commission against the respondent Western Coalfields Ltd., (WCL), Nagpur for not providing information in reply to his RTI-application dated 6.10.2010. The matter came up for hearing on 24.07.2012. The appellant was present whereas the respondent were represented by Shri Bal Kishan Chandora, GM and Shri R.G. Gedan, Sr. Manager (P).
2. The appellant through his RTI application dated 6.10.2010 sought information on the following two queries: "(1) Copy of enquiry report of chargesheet No. 264 dated 14.7.2010 issued by Nandan Washery, Kanhan Area and deployment of I.O. and Management representative; and (2) Copy of appointment letter of Md. Sarfaraz s/o Md. Kasam of Nandan Washery, order issued from Wardha STI, Office Order of competent authority to go on surface duty.". The respondent, while providing the information requested, have declined to provide a copy of the enquiry report on the grounds that the enquiry is yet to be completed.
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3. During the hearing the appellant submits that besides a copy of enquiry report as sought for at Point No. 1 of the RTI application, the respondent have also not provided him a copy of the order of the competent authority i.e. of the Director permitting Md. Sarafaraj to go on surface duty, as requested at Point No,. 2 of the RTI application.
4. Having considered the submissions of the parties and perused the relevant documents on file, the Commission is of the view that information as sought for by the appellant at Point No. 1 pertaining to on going enquiry, is exempted from disclosure under the provisions of Section 8(1) (h) of the RTI Act, 2005. As far as information on Point No. 2 is concerned, the CPIO is hereby directed to provide a copy of the order of the competent authority to the appellant within two weeks of receipt of this order.
The matter is disposed of with the above directions.
(Sushma Singh)
Information Commissioner
Authenticated true copy:
(K.K. Sharma)
OSD & Deputy Registrar
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Address of the parties:
Shri Shivdayal Bisandare,
B-30, Nandan Washery, Post. Damua,
Distt. Chindwara (M.P.)
The CPIO,
Western Coalfields Ltd.,
Coal Estate, Civil Lines,
Nagpur-440001 (Maharashtra).
The First Appellate Authority,
Western Coalfields Ltd.,
Coal Estate, Civil Lines,
Nagpur-440001 (Maharashtra).