CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/MA/A/2008/001437/LS
Appellant : Shri Buddhadev Maity
Public Authority : O/o Chief Labour Commissioner
(through Shri B.S. Kalsi, Dy. CLC, Shri I.J.S.
Bhatia, RLC & Shri Sanjiv Swain, LEO,
Khadagpur)
Date of Hearing : 18.12.2008
Date of Decision : 18.12.2008
Facts
The appellant by his letter dated 4.3.2008 had requested CPIO to
furnish him copy of the following two investigation reports :-
i. Report submitted by Labour Enforcement Officer
(LEO)(Central), Khadagpur; and
ii. Report submitted by RLC (Central), Kolkata.
2. It appears that a copy of one of the above mentioned two reports
was provided to the appellant by CPIO, but a copy of any such
communication is not available in the Commission’s file.
3. Aggrieved with this, the appellant had filed appeal before the
Appellate Authority vide letter dated 26.2.2008. Shri V.K. Pandey,
Appellate Authority, vide his letter dated 31.7.2008 had informed the
appellant that the report of LEO (C) had already been forwarded to him
by letter dated 7.4.2008, but he gave a vague response in regard to RLC
(C), Kolkata.
4. The present appeal has been filed against the order of the
Appellate Authority.
5. The matter was heard on 18.12.2008. The appellant appeared in
person along with his lawyer. My attention was drawn to the letter of
Shri S.K. Chatopadhaya, wherein he has inter alia mentioned as follows
:-
“In the process of weeding out of files as per the standing
regulation, the instant file might have been weeded out.”
From the above it appears that the Shri Chatopadhaya is not sure
whether relevant file is available with the competent authority or it has
been weeded out. This indicates that no serious effort appears to have
been made by the concerned officers to fish out to file containing the
report of RLC (C), Kolkata.
DECISION
7. In view of the above Shri S.K. Chatopadhaya, Regional Labour
Commissioner (Central), Kolkata, is hereby directed to constitute a team
of officers to trace out the missing file containing the report of RLC(C),
Kolkata. If the record is trace out, a copy thereof may be furnished to
the appellant. However, if the record is not traced out in his office, he
may obtain a copy of the same from the office of Chief Labour
Commissioner (Central), New Delhi, where, as per information of the
appellant, a copy is available in the case file.
8. The order of the Commission may be complied in the 6 weeks
time.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy, Additional copies of orders shall be supplied
against application and payment of the charges, prescribed under the
Act, to the CPIO of this Commission
(K.L. Das)
Assistant Registrar