1. The challenge by the Petitioner National Thermal Power Corporation (NTPC) in this writ petition is to an order dated 16th June 2009 passed by the Central Information Commission (CIC) in an appeal filed by the Respondent Shri Mohd. Samad Khan.

2. The Respondent is one of the `oustees’ affected by the setting up of the Farakka Super Thermal Power Project by the Petitioner at Murshidabad (West Bengal). In addition to the payment of compensation for acquisition of the land belonging to the Petitioner in terms of Land Acquisition Act, 1894 (LA), the NTPC had a scheme of rehabilitation under which employment would be offered to any one family member on the basis of educational eligibility according to the rules of the NTPC and in light of the technical experience.

3. A letter dated 28th December 1984 was addressed to the Petitioner by the NTPC asking him to submit a form with all the necessary particulars for the purposes of considering the claims for employment. The Respondent has enclosed with his reply copies of the letters dated 22nd July 1986, 18th June 1988, 20th August 1990 sent by the NTPC to him directing him to appear for the written tests for the post of Store Keeper Grade IV and a letter dated 8th May 1991 calling him for an interview for the same post. According to the NTPC, the Petitioner was called for interview for the post of Store Keeper but was not found suitable.

4. It appears that the Respondent approached the Minister of State, Parliamentary Affairs & Sales Tax (Finance), Government of Bihar who then addressed a letter dated 29th November 1991 to the NTPC in which he alluded to information received by him to the effect that the Respondent’s name had been empanelled and that he had been assured of being granted an appointment against the vacancies in the near future. It is not clear whether the Respondent followed up the matter thereafter.

5. On 8th August 2006 the Respondent addressed an application under the Right to Information Act, 2005 (RTI Act) to the Chief Public Information Officer (CPIO) of the NTPC praying that “he be served a copy of the field survey report undertaken by the officials of the Project”. By its letter dated 6th September 2006, the CPIO, NTPC informed the Petitioner that as per the available records “NTPC Farakka is not aware of any `Field Survey’ of land oustees.”

6. The Petitioner filed an appeal on 14th November 2006 to the Appellate Authority (RTI), NTPC. By a response dated 11th December 2006 the Appellate Authority informed the Petitioner that “it has been reconfirmed that no such field survey has been conducted and hence no report is available.” Thereafter the Respondent appealed to the CIC.

7. On 17th December 2008 the CIC passed an order, inter alia, observing and directing as under: “The evidence is conclusive that the NTPC has made endeavors to provide jobs to all the land oustees but it has not been able to absorb at least 42 affected persons. At the instance of the Minister’s intervention, a field survey was also conducted in 2005, in which the appellant participated. The appellant has asked for a copy of the survey report, which has been denied on the ground of its non-availability. As agreed between the parties, the case is remanded to the CPIO, who should make a fresh attempt to search the relevant documents, mainly the Survey Report, as asked for by the appellant, within one month from the date of issue of this decision and furnish its copy to the appellant, failing which suitable action would be taken by the Commission in the matter, including institution of a high powered inquiry to unearth the truth. The appellant is free to approach the Commission again if he is not satisfied with the compliance of the above decision by the CPIO.”

8. Pursuant to the above decision, the CPIO by a letter dated 24th January 2008 informed the Respondent as under: “We made afresh attempt to search the relevant document and also checked with the concerned