In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001857
Date of Hearing : October 31, 2011
Date of Decision : October 31, 2011
Parties:
Applicant
Shri Amar Singh
611/C
Diesel Locomotive Works (West colony)
Post DLW
Varanasi District
Uttar Pradesh
The Applicant was present at NIC Studio, Varanasi
Respondents
Diesel Locomotive Works
Varanasi
Represented by : Shri Shivendra Mohan, PIO
Shri A.B.Sahay, Sr.Personnel Officer
NIC Studio, Varanasi
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001857
ORDER
Background
1. The Applicant filed an RTI Application dt.9.4.11 with the PIO, DLW, Varanasi. He wanted the names
and designations of supervisors and staff who were on duty in the MRS, Tool Room, HMS, HWS,
Paint Shop, Pipe Shop, SMS, TMS, LFS, SAS, HTS, ET, LMS, ES, Progress Engine’C’ Rotor during
the period 10.11.09 to 13.11.09 and copies of the booking register and duty register. He also wanted
the names and designation of the staff against whom ‘no work no pay’ has been imposed during the
period 10.11.09 to 13.11.09. The PIO replied on 3.5.11 stating that information against point 1 is not
available and against point 2 he stated that the Applicant can inspect the files of all the employees
who had worked during that period. The Applicant filed an appeal dt.21.6.11 with the Appellate
Authority stating that no information has been received against point 2. The Appellate Authority
replied on 11.7.11 stating that the desired information was furnished vide letter dt.26.5.11. He also
added that names of all those who were absent during the said period are available with the
Sr.Personnel Officer and the information therein contains only names of the officer and his
employment No. He also stated that the copy of the same cannot be provided as the same is not
related to any public interest. At the same time, he suggested that Applicant can visit the office and
inspect the records. Being aggrieved with the reply, the Applicant filed a second appeal dt.21.7.11
before CIC.
Decision
2. During the hearing, the Respondents submitted that copies of the list of the name and employment
No. cannot be provided to the Appellant since this information is sensitive in nature and also since
based on the ongoing enquiry against these people, it is possible that some may be absolved of the
charges that have been placed on them. The Appellant on his part pointed out that both the PIO and
the Appellate Authority had directed him to inspect all the documents in this connection and
wondered why, when the inspection of documents is allowed, list of employees who have been
affected by ‘no work no pay’ has been denied to him since the list is part of the file he was allowed to
inspect.
3. I too have noted that the PIO, even during the hearing, was ready to allow the Appellant to inspect
all the relevant files in respect of those employees who have been affected by ‘no work no pay’.
Hence I am of the opinion that his argument that information is sensitive in nature is not tenable . I am
unable to understand as to why when both the PIO and the Appellate Authority are ready to allow
inspection of files containing the so called ‘sensitive’ information, copy of the list as it exists in the file
cannot be given especially when it is confirmed that they were definitely absent from work.
4. It is therefore directed that the list of such employees who have been affected by ‘no work no pay’ be
provided to the Appellant as available in the records of the Public Authority after the inspection of the
same is done by the Appellant. The entire exercise to be completed by 1.12.11 and the Appellant
to submit a compliance report to the Commission by 8.12.11.
5. The appeal is disposed of on the above terms.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Amar Singh
611/C
Diesel Locomotive Works (West colony)
Post DLW
Varanasi District
Uttar Pradesh
2. The Public Information Officer
Diesel Locomotive Works
Varanasi
3. The Appellate Authority
Diesel Locomotive Works
Varanasi
4. Officer in charge, NIC