Information regarding valuation of compensation for payment to prior allottee - CIC: A second appeal in the matter has already been disposed of by the CIC vide Decision No. CIC/YA/A/2016/001898; RTI Act does not confer any power of review to the CIC
29 Mar, 2019O R D E R
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of Coal, New Delhi, seeking information in a CD format on two points pertaining to the Ministry’s letter no. 1102/02/2014-CA-I dated 24.10.2014 regarding valuation of compensation for payment to prior allottee, including, inter-alia, (i) the details of the land and mine infrastructure submitted by M/s Jindal Steel & Power Ltd. (JSPL) for Gare Palma IV/1 coal mine in Chhattisgarh, and (ii) the details of the land and mine infrastructure submitted by M/s Jindal Steel & Power Ltd. for Gare Palma IV/2 & 3 coal mines in Chhattisgarh.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO, after a delay of about two months, had issued a notice under Section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act to the third party (MD, M/s Jindal Steel & Power Ltd.) seeking its consent to disclose the information sought for. However, no information/reply has been furnished to him, yet, in response to the RTI application. The appellant requested the Commission to direct the CPIO to provide the information sought for free of cost, to impose penalty upon the CPIO for deliberate denial of information.
Hearing:
3. The appellant Shri Ramesh Agrawal attended the hearing through videoconferencing. The respondent Shri N.K. Singh, Dy. Secretary and Shri Jitendra Kumar, Sr. Manager, Ministry of Coal, O/o The Nominated Authority, New Delhi, were present in person.
4. The appellant submitted that the CPIO, after a delay of about two months, had issued a notice under Section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act to the third party (M/s Jindal Steel & Power Ltd.) seeking its consent to disclose the information sought for. However, no information/reply has been furnished to him, yet, in response to the RTI application. He further submitted that the Commission vide its order dated 23.05.2017 (File No. CIC/YA/A/2016/001898) has already directed the respondent authority to provide the information sought for to him. Hence, the information should be provided to him.
5. The respondent submitted that a second appeal in the matter has already been heard and disposed of by the Commission vide Decision No. CIC/YA/A/2016/001898 dated 23.05.2017
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, finds that a second appeal in the matter has already been heard and disposed of by the Commission vide Decision No. CIC/YA/A/2016/001898 dated 23.05.2017. The Commission further notes that the RTI Act, 2005, does not confer any power of review to the Commission. Hence, no further intervention of the Commission is required in the matter.
7. With the above observations, the appeal is disposed of. 8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava
Chief Information Commissioner
Citation: Ramesh Agrawal v. CPIO, Ministry of Coal, O/o The Nominated Authority, New Delhi in Second Appeal No. CIC/MCOAL/A/2017/131564 Dated 05.03.2019