PIO: The attendance register & salary slip of the employees of contractor are maintained by the contractor who is the custodian of these documents; Contractor has been blacklisted for failure to produce the documents - CIC: Look at agreement & change it
1 Mar, 2018PIO: The attendance register & salary slip of the employees of contractor are maintained by the contractor & custodian of these documents is the contractor. These documents are not available with them - PIO: They have nothing to do with the employees of the contractor - PIO: The records were called for from the contractor two times but he did not produce any document and he has been blacklisted - PIO: They do not have any instrument to force the contractor to call for the documents legally - CIC: The respondent is advised to look at their agreements and make change, if necessary, for calling for the record from the contractor.
ORDER
Facts:
1. The appellant filed RTI application dated 29.8.2016 seeking certified copy of attendance register of contract employees; certified copy of record of biometric/punching machine of the contract employees who had entered in the plant from 11.9.2014 to 10.12.2015; certified copy of bills towards payment made by M/s Gyatri Enterprises to contract employees etc.
2. The CPIO responded on 27.9.2016. The appellant filed first appeal dated 10.10.2016 before the first appellate authority. The FAA responded on 21.10.2016. The appellant filed second appeal on 18.10.2017 before the Commission on the ground that information has not been provided to him. CIC/NPCOI/A/2017/185055
3. The appellant filed RTI application dated 22.7.2016 seeking certified copy of attendance and salary slip from September, 2014 to December 2015; certified copy of Labour Payment Certificate issued to M/s Gayatri Enterprises; certified copy of all the challans towards P.F. deposited with the P.F. office etc.
4. The CPIO responded on 12.8.2016. The appellant filed first appeal dated 27.7.2016 before the first appellate authority. The FAA responded on 13.10.2016. The appellant filed second appeal on 11.11.2016 before the Commission on the ground that information has not been provided to him.
Hearing:
5. The respondent Shri B.P Gupta (O.S) and Jagannath (Hindi Officer) participated in the hearing through Video Conferencing. The appellant did not participate in the hearing.
6. The respondent stated that attendance register and salary slip of the employees of contractor are maintained by the contractor and custodian of these documents is the contractor. These documents are not available with them. The respondent stated that they have nothing to do with the employees of the contractor. The respondent stated that after checking the attendance register and compliance of payment of PF, Service Tax etc. they issues labour payment certificate. The respondent stated that they had called for the record from the contractor two times but he did not produce any document. The respondent stated that they have since blacklisted the contractor. The respondent further stated that they do not have any instrument to force the contractor to call for the documents legally. On query from the Commission, the respondent stated that no term/condition regarding calling for the documents from the contractor was incorporated in their agreement executed with the contractor.
Discussion/ observation:
7. The Commission observed that due to absence of any terms & condition, regarding calling for the record, in the agreement arrived between the NPCIL and the contractor, the respondent is not able to force the contractor to produce the documents.
Decision:
8. The Commission’s intervention is not required in the matter.
9. The respondent is advised to look at their agreements and make change, if necessary, for calling for the record from the contractor. The appeals are disposed of. Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur)
Chief Information Commissioner
Citation: Mr. Rakesh Kumar Devatiya v. Nuclear Power Corporation of India Ltd., in Appeal No. CIC/NPCOI/A/2017/185052 CIC/NPCOI/A/2017/185055, Dated of Decision: 18.10.2017