CIC: The procedure for registration of the establishment under ESIC is disclosed by the Pubic Authority u/s 4 (1) (b) of RTI Act and it is not the duty of a PIO to generate such clarification & provide possible solutions to hypothetical situations
1. The appellant sought the following information:
(i) If an establishment is registered under main code at Mumbai and has several branches in the State of Maharashtra, then does it have to register all branches
(ii) If answer to Question 1 is in affirmative, please quote the enabling provision of the ESIC Act, Rule, Regulation or Notification making this compulsory
(iii) If an establishment is registered under main code in Mumbai and has several branches outside the State of Maharashtra then does it have to register all the branches under separate sub codes of respective Branch Offices,
(iv) if yes, the enabling provisions.
The CPIO replied on 22.09.2017 that the information in form queries as sought by the appellant does not fall under the definition of ‘information’ as prescribed in section 2 (f) of RTI Act.
2. Mr. Sanjeev Sharma, Deputy Director, submitted that the appellant raised hypothetical questions and answering such queries would amount to deducing conclusion. He stated that the procedure for the registration of the establishment was described in detail at their official website www.esic.in. In compliance of the suo moto disclosures prescribed under section 4 (1) (b) of RTI Act.
3. The Commission is of the view that the procedure for registration of the establishment under ESIC is disclosed by the Pubic Authority under section 4 (1) (b) of RTI Act and it is not the duty of a Public Information Officer to generate such clarification type of information and provide possible solutions to hypothetical situations described by applicant. The Commission finds the response of the Public Authority is appropriate and there is no reason for further intervention. Disposed of.
(M. Sridhar Acharyulu)
Central Information Commissioner
Citation:Sunil Rajaram Gaikwad v. ESI Corporation in CIC/ESICO/A/2017/607179, Date of Decision – 05.03.2018