Case No. CIC/SS/C/2012/000356. Case: Shri. A.K. Sinha, Dhanbad Vs Bharat Coking Coal Ltd.. Competition Commision of India

Case NumberCase No. CIC/SS/C/2012/000356
JudgesSushma Singh, Information Commissioner
IssueRight to Information Act
Judgement DateSeptember 09, 2013
CourtCompetition Commision of India

Court Information Competition Commision of India
Judgment Date 09-Sep-2013
Party Details Shri. A.K. Sinha, Dhanbad Vs Bharat Coking Coal Ltd.
Case No Case No. CIC/SS/C/2012/000356
Judges Sushma Singh, Information Commissioner
Acts Right to Information Act

Decision:

Sushma Singh, Information Commissioner

1. Shri A.K. Sinha hereinafter called the Appellant has filed the present appeal before the commission on 8.9.2011 against the respondent namely, Bharat Coking Coal Limited, Dhanbad. The Appellant was not present in the hearing and the CPIO-Shri Dr. A.K. Singh [Sr. Manager (P)] and FAA-Shri A.K. Sengupta (CGH-Washerey) was present in the hearing. The Appellant through the RTI application dated 20.9.2010 seeking information on his retirement dues (Leave Salary encashment, capitalized value and other dues). After getting no reply from the CPIO, the Appellant filed a complaint before the Commission on 22.12.2010 on which a summary order has been passed by the Commission vides order no: CIC/SS/C/2011/000194 dated 31.5.2011 and directs the CPIO to furnish the reply to the Appellant within 2 weeks of the receipt of this order.

2. In compliance with the order of the commission, the CPIO replied to the Appellant vide letter no: BCCL/CPIO-Dr. A.K. Sinha/11/12/188 dated 7.7.2011 that "we have already furnished the reply of your RTI request dated 20.09.2012 vide our letter no: BCCL/CPIO-Dr. A.K. Sinha/10/11/625 dated 5.01.2011, a photocopy of the same is being once again enclosed for your kind information."

3. Being dissatisfied with the reply of the CPIO, the Appellant filed a first appeal before the FAA over which an order has been passed by the FAA vide order no: BCCL: CGM (WCD)/: F-173-74: Sunil Chabra: 2011 dated 23.8.2011 that "On perusal of the available records, it has been found that the RTI application dated 20.09.2010 preferred by the appellant is pertaining to non-settlement of the terminal benefits due to him. Upon receipt of the RTI application under reference, the same has been forwarded to the HOD (EE), Koyla Bhawan vide Diary No. 903 (H) dated 23.09.2010. Upon receipt of the information/reply from the HOD (EE) vide Ref. 3904 (A) dated 29.12.2010, the same has been further reverted to the appellant by the CPIO vide letter Diary No. 625 dated 4/5.1.2011. From the letter under reference furnished to the appellant it is evident that all the points covered under his RTI application has been dealt...

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