Claim of employment on compassionate grounds on death of his father by the son of the Appellant which was stalled due to a fake complaint - CIC: provide the complete position of action taken regarding the employment - FAA to look into the grievance
Claim of employment on compassionate grounds on death of his father by the son of the Appellant which was stalled due to a fake complaint against the son of the Appellant - an enquiry was conducted which found the complaint fake - the appellant’s son was not given employment though the matter is pending since 1998 - appellant claimed that she has not been informed why the employment of her son has unnecessarily been delayed - CIC: provide the complete position of action taken regarding the employment of her son - FAA directed to look in to the matter regarding the grievance of the appellant concerning the appointment of her son
Smt. Ganga Bai, Burdwan hereinafter called the Appellant has filed the present appeal before the Commission dated 1.10.2012 against the Respondent namely Eastern Coalfields Ltd., Burdwan. The Appellant was not present in the hearing and the Respondent was present in the hearing.
2. The Appellant through the RTI application dated 29.11.2011 sought certain information relating to the employment of her son Shri Amrit Lal Satnami dependent of Late Malik Ram Exemployee of JK Ropeways (ECL) which was pending since 1998 at the office of J.K Ropeways (ECL), P.O –Kajora Gram District Burdwan (West Bengal) due to pending decision of the JK Ropeways (ECL) on unsubstantiated complaint against the appellant’s son inspite of the fact that the inquiry in respect of complaint was over.
3. The CPIO replied to the RTI application vide his letter dated 5.8.2011 by informing the appellant that the queries did not come under the purview of the RTI Act, 2005.
4. Aggrieved with the reply of the CPIO, the appellant filed her first appeal dated 5.9.2011 before the FAA who, vide order no: ECL/HQ/RTI/AA41/ 1112/ 100 dated 29.10.2011 directed the CPIO reply to the appellant within 10 days. In compliance with the directions of the FAO, the CPIO replied vide his letter no: ECL/GM/JKR/2011/982/488 dated 18.11.2011 and replied to the appellant as follows
“The attested copy of the documents a desired by you are (enclosed herewith in 3 pages). Moreover, since the death of Late Shri Malik Ram was occurred outside the co’s Hospital, as well as , there was a complain regarding genuinity of relationship, as per prevailing practice of the company, police verification report is the sinquanon for processing employment. Besides, the Dispute is pending in Central Government Industrial Tribunal in connection with the employment of Shri Amrit Lal Satnami. Until and unless the above formalities are completed and CGIT case is withdrawn, the employment to Shri Amrit Lal Satnami would be processed only after that and with due approval of the competent authority.”
5. Being aggrieved, the appellant filed his second appeal before the Commission wherein she states that the proposal for providing employment to her son is pending with the Respondent since 1998. Appellant also submits in her appeal that the complaint has not been substantiated and she deserves to know the reasons why her family is being harassed by not providing employment to her son.
6. During hearing before the Commission, the CPIO submitted that some anonymous person has filed a complaint against Shri Amrit Lal Satnami son of Late Shri Malik Ram, Exemployee of JKRopeways (ECL) in the office of the J.K Ropeways (ECL) that Shri Amrit Lal Satnami is not the real son of Shri Malik Ram, Ex-employee of JK Ropeways (ECL). Due to that complaint the process of employment of Shri Amrit Lal Satnami has been stalled. That an enquiry was conducted into the complaint through police and it was found that the complaint was fake. CPIO also submitted that a case is also pending in the Central Government Industrial Tribunal in connection with the employment of Shri Amrit Lal Satnami and in order to process his claim of employment Shri Amrit Lal Satnami must withdraw the case. CPIO also submitted that the information sought is relating to the matter of employment claim under compassionate ground.
7. Commission observes that the matter on which information is sought is claim of employment on compassionate grounds on death of his father by the son of the Appellant which was stalled due to a fake complaint against the son of the Appellant into which an enquiry has been conducted. However, the appellant’s son has not been given employment though the matter is pending since 1998, as per the appellant plea, and she has not been informed why the employment of her son has unnecessarily been delayed
8. Commission directs the CPIO to apprise the Appellant regarding the complete position of action taken regarding the employment of her son. In this regard, Commission further directs the FAA to look in to the matter regarding the grievance of the appellant regarding the appointment of her son. The directions of the commission are to complied with within four weeks of receipt of this order.
Citation: Smt. Ganga Bai v. Eastern Coalfields Ltd., in Case No: CIC/SS/A/2012/003557