Central Information Commission Judgements

Mr.Chander Mohan Sen vs Ministry Of Labour And Employment on 7 December, 2010

Central Information Commission
Mr.Chander Mohan Sen vs Ministry Of Labour And Employment on 7 December, 2010
                        CENTRAL INFORMATION COMMISSION
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                                 Tel: +91-11-26161796

                                                            Decision No. CIC/SG/A/2010/002873/10337
                                                                    Appeal No. CIC/SG/A/2010/002873

Relevant Facts

emerging from the Appeal:

Appellant : Mr. Chander Mohan Sen
205, Rattanjyoti Aprtments,
Sec-4, Vaishali, Ghajiabad,
UP – 201010.

Respondent : Mr. D. P. Singh
Public Information Officer &
Regional Labour Commissioner
Ministry of Labour and Employment
Hall No. 2, 8th floor, Kendriya Bhawan,
Sec-H, Aliganj, Lucknow, Uttar Pradesh.

RTI application filed on             :      05/04/2010
PIO replied                          :      29/04/2010
First appeal filed on                :      27/05/2010
First Appellate Authority order      :      03/08/2010
Second Appeal received on            :      03/09/2010

Sl.                     Information Sought                                         Reply of the PIO
1. The date when the Appellant's letter dated 31/01/2010 was received      The letter dated 31/01/2010 was received
                                                                           in the office on 03/02/2010.
    in the office.
2. The date when it was forwarded by the office to Dy. CLC(C),             Refund order along with bill was

forwarded to Dy. CLC(C), Kanpur Office
Kanpur Office. on 01/04/2010 for transmission to PAO
office for refund.

3. The date when it was forwarded by Dy. CLC(C), Kanpur office to Did not pertain to the office.

PAO, CLC, New Delhi.

4. Present status of the case.

5. Normal time taken to process such applications and the maximum
time by which the claimant gets his money from the date of his
application.

6. Whether Senior citizens were shown any courtesy of quick disposal
and not made to wait for months.

7. Time period by which the Appellant would get his money.

First Appeal:

Incomplete information received from the PIO.

Order of the FAA:

Not ordered.

Ground of the Second Appeal:

Non-receipt of information from the PIO and no action taken by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent;

Respondent : Mr. D. P. Singh, Public Information Officer & Regional Labour Commissioner;

The First Appellate Authority (FAA) Mr. P. P. Sarkar, Dy. Chief Labour Commissioner took a
very long time to issue the order in this matter. For a first appeal filed on 27/05/2010 he issued an order on
03/08/2010 in which he has recorded that, “The bill in GR-43 has been forwarded to the PAO(CLC), New
Delhi on 11/06/2010”. Thus it is obvious that the bill had not been forwarded to PAO(CLC) even when
the first appeal of the Appellant was filed. The Respondent states that the refund has been sent to the
Appellant in August 2010. The PIO should initially have obtained the information from Dy.CLC(C),
Kanpur as to whether the bill had been transmitted further or not and provided this to the Appellant. The
PIO is warned to ensure that even when information is with some other officer he seeks the assistance
under Section 5(4) and provide the information to the Appellants.

Decision:

The Appeal is disposed.

The information appears to have been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
07 December 2010
(In any correspondence on this decision, mention the complete decision number.) (GJ)