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Decision No. CIC/SG/A/2010/002176/9810
Appeal No. CIC/SG/A/2010/002176
Relevant Facts
emerging from the Appeal
Appellant : Mr. Vipin Kumar Mandal
C/o Ram Prakash Pandit
Naya Tola, Badhai Patti,
Bikhanpur, Gumti No.2,
Bhagalpur, Bihar.
Respondent : Mr. V. K. Sharma
Public information officer &
Regional Labour Commissioner (Central)
Ministry of Labour and Employment
Morya Lok Complex, Part-K, Room No.6,16 & 17,
Patna, Bihar.
RTI application filed on : 03/05/2010 PIO replied : 10/06/2010 First appeal filed on : 07/06/2010 First Appellate Authority order : Not ordered Second Appeal received on : 30/07/2010
The Appellant has sought following information in respect of his application dated 15/03/2010
Sl. Information Sought Reply of the PIO
1. Details of action taken on the said application In light of the said application, a notice was sent
along with proof of action taken. to the Chief GM, SBI, Head Office, Patna on
24/03/2010 and subsequently a reminder was sent
on 02/06/2010. The Appellant was asked to
deposit requisite fee at Rs.2/- per page.
2. In light of the said application, reason for not The Employer had been issued a notice.
sending any notice to the employer
along with proof.
3. Date on which the employer will be sent As above.
notice.
4. Details of rules which had been violated by Did not come under the ambit of RTI Act, 2005.
the employer along with certified copy
of all relevant regulation.
5. The time period under which the action could There was no such Appeal.
have been taken according to the
departmental rule, the reason for not
taking action and certified copy of
relevant rules.
6. Name of the officers to whom the said The Application had been sent to Labour
application had been sent for taking Commissioner (Central) and the action has been
action along with proof. taken by him.
7. Action taken by the concerned officers on the As given in query no.1.
said application.
8. Date by which the action will be taken on the The action had been initiated.
said application.
First Appeal:
Non-receipt of information from the PIO within the stipulated time.
Order of the FAA:
Not ordered.
Ground of the Second Appeal:
Incomplete information received from the PIO no action taken by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Vipin Kumar Mandal on video conference from NIC-Bhagalpur Studio;
Respondent : Mr. V. K. Sharma, PIO & Regional Labour Commissioner (Central) on video conference
from NIC-Patna Studio;
The PIO has provided certain information. On query-1 the sought a fee of Rs.2/- on the 30th day
which was not right. The information has to be provided within the total time of 30 days. Hence the
Commission directs the PIO to supply the information free of cost to the appellant. He is also directed to
send the details of the action taken in the following format:
Date on which Name and designation of Action taken Date on which forwarded to
Complaint received The officer receiving it. Next officer/office.*there will be as many rows as the number of officers who handled the complaint.
Attested photocopies of all letters and notings will be provided.
The respondent has stated that he has forwarded the complaint to the employer which is State Bank of
India and are waiting reply for a reply from the SBI. All public authorities which are expected to regulate
or safeguard the interest of the certain category must ensure that complaints are dealt with within some
reasonable time. If they merely act as postmen sending and forwarding complaints this would render
governance completely ineffective.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the appellant
before 10 November 2010.
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
18 October 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)