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Appellant: inspection of relevant records may be permitted to verify whether complete & correct information as per record has been provided - CIC: permit the appellant to inspect the relevant records & take copy upto to 25 pages for each RTI application

21 Aug, 2014

Information sought:

File No. CIC/BS/A/2013/000829

The appellant has sought the following information regarding a request dated 04/09/2012:-

1. The diary number, the name and designation of the authority to which the said representation entrusted to look into the matter and to issue further direction accordingly.

2. Provide the copies of action taken and copies of office notes along with the remarks marked by the concerned authorities.

3. Provide the copies of final outcome report, as the request submitted in under compulsion on account of inaction of the authorities at O/o CLC(C).

4. Provide the information, name, designation and address of the office of vigilance section Head, who at present is dealing the matter of CLS Group A authorities.

5. Provide the copies of ruling / regulation basis on which the Labour authorities are empowered to exercise their powers to amend the status of the petitions without taking any assent from the petitioners.

File No. CIC/BS/A/2013/000832 & 001156

The appellant had given a complaint dated 25/05/2011 to Honb’le Labour Minister for action but no response he has received and hence he had sought following information related to this:

1- Dairy no. of the complaint letter dated 25/05/2011, date on which the complaint was registered, to which officer it was marked, name and designation of the officer etc.

2- Copy of daily progress report, office note sheets, file notings, chronological orders etc.

3- Name of the Chief Labour Commissioner (C) who was working on 25/05/2011 when complaint was received.

4- As per the complaint what action has been taken to against Mr. Chairman of Punjab National Bank to appear before the RLC(C) Kanpur for explanation under Section 11(4).

5- Date on which my complaint dated 25/05/2011 was presented before the Hon’ble Labour Minister.

File No. CIC/BS/A/2013/0001214

The appellant has sought the following information regarding the representation dated 07/05/2011:-

1. Provide the information, action taken report on petition dated 07/05/2011, exclusively requested for reference and taking appropriate action, from 11/05/2011 and as on date.

2. Provide the copies of representation dated 07/05/2011 (Copy to Hon’ble Labour Minister) presented at Dak Receipt Counter on 11/05/2011.

3. Provide the information, the final outcome of my request and prayer tendered on 11/05/2011.

4. Provide the copies of the relevant documents as have been incorporated during the processing of the request dated 07/05/2011.

File No. CIC/BS/A/2013/0001429

The appellant has sought the following information regarding the receiving the Fax Sent on 25/10/2012 at 02:56 PM and Speed Post dated 29/10/2012:-

1. Provide the information that what action initiated by the addressee, immediately after receiving the Fax and Speed Post.

2. Provide the copies of action taken report, Daily Progress Report, File Noting, Note Sheets, abstract, in detail, in seriatim, of the said letter dated 25/10/2012.

3. Provide the latest information about the final outcome of fax 25/10/2012, of the said letter.

4. Provide the copy of the notes, instruction, File noting or whatsoever document it is, through which the CLC© New Delhi decided a fresh investigation on the issue of Referred complaint, lodged u/s 25 T u/s 29 of ID Act 1947 in the matter of the workman, Ganga Singh Rawat of Punjab National bank Branch office Kanth Road Moradabad (UP).

5. Provide the information, the date of receiving the complaint of Union filed u/s 25 T u/s 29 of ID Act 1947, about the Complaint Filed by the General Secretary Punjab National Bank Employees Unity Forum (UP) before CLC© New Delhi.

File No. CIC/BS/A/2013/0001484

The appellant has sought the following information:-

1. Provide the copies of Failure of Conciliation Report submitted by Shri. M K Choudhary RLC © Kanpur, as the reference of said report has been written in the letter O.M. dated 04/07/2012 of Ms. Pooja Sharma (Section Officer) of Vigilance Section.

2. Provide the information, name of Authority/Authorities of the office of CLC © Min of Labour & Employment who looked into the matter of wrongful involvement of Shri. M K Choudhary RLC© Kanpur, as requested in letter dated 04/07/2012, in referred issue.

3. Provide the copies of action taken, from 04/07/2012 and onwards, on OM dated 04/07/2012 of Ms Pooja Sharma.

4. Provide the copies of enclosures,

(i) Copies of Charge-Sheet dated 18/03/2009 & 18/05/2009

(ii) Copies of reply of Charge Sheets dated 18/03/2009 & 18/05/2009

(iii) Copies of findings of Enquiry Officers

(iv) Copies issued by Disciplinary Authorities

(v) Copy of Appeal

(vi) Copies of order issued by Disciplinary Authorities, which were enclosed with the representation dated 01/06/2010 of Ganga Singh Rawat.

5. Provide the information, the latest status or the final outcome of the letter OM dated 04/07/2012 of Ms. Pooja Sharma.

6. Provide the information, the name and post of the Competent Authority who is competent to approve the issue, as written in letter OM dated 04/07/2012.

7. Provide the information, the name, post and address of the office of the Head of Vigilance who look into the matter of wrongful involvement of CLS GPA as mentioned in letter OM dated 04/07/2012.

Grounds for the Second Appeal: The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing held on 21/05/2014:

The following were present Appellant: Mr. H N Mishra appellant’s representative through VC Respondent: Mr. M K Dhurva CPIO

The appellant’s representative stated that inspection of relevant records may be permitted to enable the appellant to verify for himself whether the complete and correct information as per record has been provided. The CPIO agreed. The appellant’s representative requested that the matter should not be concluded but an adjournment should be given to ensure compliance by the respondent.

Interim Decision notice dated 21/05/2014:

The CPIO is directed to permit the appellant to inspect the relevant records relating to his RTI applications dated 26/09/2012, 17/09/2012, 07/12/2012, 03/12/2012 & 10/12/2012 and also allow him to take photocopies/extracts therefrom, free of cost, upto 25 pages in each application within 30 days from the date of receipt of this order. It may be noted that under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under the control of the public authority can be provided. The CPIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or furnish replies to hypothetical questions. Similarly, redressal of grievance, reasons for non compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act. The matters are adjourned for 01/07/2014 at 03.00 PM

Relevant Facts emerging during Hearing on 01/07/2014:

The following were present Appellant: Mr. Ganga Singh Rawat through VC Respondent: Mr. M K Dhurva CPIO, Mr. Santosh Kumar Singh CPIO.

The appellant stated that in response to the communications received from the CPIOs he had intimated that he can inspect the records whenever convenient to them but no reply has been received. The CPIOs stated that the Commission may fix a time and date convenient to the appellant and they will make available the relevant record for inspection. The appellant stated that Tuesday the 8th July, 2014 at 11.00 AM will be suitable to him. The respondents agreed.

Decision Notice:

The Commission directs the respondents (viz. CPIO, CLS-I and CPIO CLS-II, (Vig) Ministry of Labour & Employment and the CPIO RLC O/o CLC) to permit the appellant to inspect the relevant records relating to his aforesaid RTI applications at the office of Mr. Santosh Kumar Singh CPIO Ministry of Labour & Employment (Room No. 311-A, Shram Shakti Bhavan, New Delhi-110001) at 11.00 AM on 08/07/2014. During the aforesaid inspection the appellant should be permitted to take photocopies/extracts, free of cost, upto to 25 pages for each RTI application. It is clarified that all the CPIOs will bring their respective records to the office of Shri Santosh Kumar Singh, CPIO Ministry of Labour & Employment to facilitate inspection at one place. A compliance report in this regard should be submitted to the Commission after the inspection. The appeal is disposed of accordingly.

BASANT SETH

Information Commissioner

Citation: Mr. Ganga Singh Rawat v. M/o Labour & Employment, Regional Labour Commissioner in File No. CIC/BS/A/2013/000829+000832+001156+001214+001429+001484/5472

Appellant: inspection of relevant records may be permitted to verify whether complete & correct information as per record has been provided - CIC: permit the appellant to inspect the relevant records & take copy upto to 25 pages for each RTI application

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