Details of action taken on complaint filed by the applicant was sought from the National Commission for Scheduled Tribes - CIC: PIO to provide a detailed reply in respect of action taken on the complaint within 5 days from the date of issue of this order18 Feb, 2021
The appellant has sought the following information:
1. In connection with file No. AK/03/2015/STGDH/SEHRMT/RU-I dated 05/11/2015, the appellant has sought the copy of the investigation report for the investigation done by Ministry of Labour & Employment.
2. In connection with file No. AK/03/2015/STGDH/SEHRMT/RU-I dated 05/11/2015, the appellant has sought the copy of the investigation report for the investigation done by EPFO.
3. Provide the next date of hearing at NCST.
4. Details of action taken on complaints 28/08/2018, 28/09/2018 and 08/10/2018.
Grounds for Second Appeal
The CPIO has not provided the satisfactory information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he received the reply in respect of point no. 1 in which the report of the Ministry of Labour was provided. He further submitted that his request in point no. 3 of his first appeal for action taken on the above report was not given. On a query by the Commission, he could not specify as to on which point of the RTI application he had asked for action taken on the report of Ministry of Labour.
The CPIO submitted that they tried in every possible way to redress the grievance of the appellant and therefore, hearing was also given under the relevant Act on 08.05.2018 & 28.11.2018 in the National Commission for Scheduled Tribe’s Office. On a query he further reiterated the contents of the CPIO’s reply dated 05.11.2018 and also the FAA’s order dated 22.01.2019.
Based on a perusal of the record, it was noted that the CPIO vide letter dated 05.11.2018 had provided the following reply:
“1. to 3- The report of Ministry of Labour is under consideration, whereas no report had been received from EPFO. Therefore, the Member Shri Harshbhai Vasaji has arranged a seating on 27.11.2018. The same was informed to you too.
4- The representation dated 28.08.2018 was sent by EPFO office on 18.09.2018. In respect of representations dated 28.09.2018 and 08.10.2018 the Member Shri Harshbhai Vasaji has arranged a seating on 27.11.2018.”
The FAA vide order dated 22.01.2019 had disposed of the first appeal and held as follows:
“On perusal of record, it is observed that CPIO, NCST has given correct information in respect of RTI application dated 11.10.2018 of Shri Amit Kumar. ln addition to the above, it is also observed that a copy of the report of Ministry of Labour & Employment and the report of EPFO received in the NCST in the matter has already been given to Shri Amit Kumar by CPIO NCST.”
Furthermore, the CPIO vide his written submissions dated 30.09.2020 submitted that the appellant vide his representation dated 29.11.2018 had requested the NCST for a copy of the reports of M/o Labour & Employment and EPFO in his case. Copies of the concerned reports were given to him on 03.12.2018 by the Assistant Director (RU-I), NCST. However, on a close scrutiny of the RTI application, it was noted that in fact the appellant had asked for details of action taken on the complaint dated 08.10.2018 in point no. 4 of his RTI application, which was again reiterated in para 3 of his first appeal. The fact remains that the action taken at that relevant time was informed by the CPIO vide letter dated 05.11.2018. However, in the interest of justice, the CPIO may give the final status of the complaint dated 08.10.2018 to the appellant.
It is clear that initially the EPFO report was not available when the CPIO’s reply was given. However, the same was given on 03.12.2018. As discussed in the above paras, the CPIO is directed to provide a detailed reply in respect of action taken on the complaint dated 08.10.2018 to the appellant within 5 days from the date of issue of this order. The CPIO shall further be careful that the information shall be given only as per the availability of record.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Citation: Amit Kumar v. National Commission for Scheduled Tribes (NCST) in File no.: CIC/NCSTA/A/2019/105394, Date of Decision: 07/10/2020