CIC: The fate of the complaint filed by the appellant in 2013 is yet to be decided by the CVC - CIC: PIO, CVC to submit the current stage of the investigation pending before the CVC, with the possible timeline for conclusion of the Investigation
31 Oct, 2018
Information sought and background of the case:
Appellant stated that he had received a reply from this Division on 27.08.2015 to his query, which stated that:-
“The matter has been examined in detail. A detailed report was sent to CVC. CVC held a meeting on the subject. Further action will be taken as per direction of CVC”.
Therefore, appellant filed an RTI application dated 08.02.2016.
He sought following information:-
1. Certified copy (u/s 2j (ii) of RTI Act-2005) of the Detailed Report submitted to the CVC by CIL as mentioned above.
2. Furnish the certified copy (u/s 2j (ii) of RTI Act-2005) of the Minutes of Meeting held between the CVC and CIL on the said matter as mentioned above.
3. Furnish the certified copies (u/s 2j (ii) of RTI Act-2005) of all the correspondences made by CIL to the CVC concerning the said matter.
4. Furnish the certified copies (u/s 2j (ii) of RTI Act-2005) of all the correspondences received by CIL from the CVC concerning the said matter.
CPIO vide letter dated 28.03.2016 informed the appellant that the information sought by him is exempted under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act, 2005. Therefore, the information cannot be provided. Being dissatisfied, the appellant filed first appeal dated 08.04.2016. Shri C.B. Sood, FAA, CIL vide order dated 03.06.2016 upheld the reply of PIO. Feeling aggrieved as dissatisfied, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both parties are present. The Appellant who worked in Coal India has sought certain information, acting as a whistleblower to corroborate his complaints which he has filed to unearth misappropriation. In response to the Respondent’s citing Section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act to withhold information, the appellant has placed reliance on decisions of Supreme Court, High Court and CIC to rebut the Respondent’s contention.
Respondent states that the matter had been sent for investigation to CVC, on 23.07.2013 and no response has been received thereafter. Respondents have sent reminder on October 2013, but no development took place in the case. The Respondents have even placed on record a submission from the General Manager (MP&IR)/CPIO which reveals that information in respect of points 1,3 & 4 were denied claiming exemption under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act. On the other hand, information against point 2 was denied stating that minutes of the meeting had not been received from CVC, hence not available with the Respondent to provide.
Decision:
After hearing the averments of the parties and perusal of records of the case, the Commission notes that complaint filed by the appellant has been pending since year 2013. The fate of the complaint is yet to be decided by the CVC, despite passage of more than reasonable period of time. It is worrisome and unfortunate to note that such inordinate period of time is taken in completion of investigation of a complaint, even by the CVC. Hence the Commission hereby directs the PIO, Coal India to transfer the RTI application to the concerned Nodal PIO, RTI Cell, CVC. PIO, CVC shall submit before the Commission
(i) Report submitted to the CVC by CIL and
(ii) current stage of the investigation, pending before the CVC, since more than five years, with the possible timeline for conclusion of the Investigation.
The aforementioned information shall be submitted before the Commission within 20.09.2018, with an advance copy marked to the appellant. It is made clear that non compliance of the directions shall attract appropriate proceedings, as per law.
The appeal is disposed of with the above directions.
(Yashovardhan Azad)
Information Commissioner
Citation: Shri Ainul H Mazumdar v. Coal India Limited in F. No.CIC/CILTD/A/2017/111036, Date of Decision: 10.08.2018