Central Information Commission Judgements

Shri Harish Chandra Gupta vs Bharat Heavy Electricals Ltd. on 28 January, 2009

Central Information Commission
Shri Harish Chandra Gupta vs Bharat Heavy Electricals Ltd. on 28 January, 2009
                     Central Information Commission
                          2nd Floor, August Kranti Bhawan,
                       Bhikaji Cama Place, New Delhi-110066
                               Website: www.cic.gov.in

                                                        Decision No. 3650/IC(A)/2008

                                                F. No. CIC/MA/A/2008/01538 & 1559

                                                        Dated, the 28th January, 2009

Name of the Appellant                :       Shri Harish Chandra Gupta

Name of the Public Authority         :       Bharat Heavy Electricals Ltd.

         1
Facts

:

1. Both the parties were heard on 28.01.2009. The appellant has submitted
two separate appeals which are examined together.

2. During the hearing, the appellant stated that he has asked for information
relating an employee who is working elsewhere while his attendance is marked in
another office. In another case, he had sought for reasons for non-acceptance of
letter sent to the respondent. In both the cases the CPIO has replied and
furnished the information on the basis of available records.

3. The CPIO explained the procedure for recording the employees’
attendance using electronic devices, which cannot be easily manipulated. He
therefore said that appellant’s allegations about the tampering of attendance
records are baseless.

If you don’t ask, you don’t get – Mahatma Gandhi

4. As regards the information regarding the reasons for non-acceptance /
return of a letter, information was not available as per section 2 (f) of the Act.
Hence, it could not be furnished, the CPIO said. The appellant was however
unable to divulge the details of letter, which was returned by the addressee.

Decision:

5. The appellant has raised an issue of corrupt practices of the respondent in
recording attendance of an employee who is identified in his application. The
CPIO has stated that the allegation is baseless. As there is no denial of
information, the appellant is advised to submit the complaint to the vigilance
department, which should investigate the matter and put its investigation report in
public domain. Based on the finding, appropriate action should be taken against
the concerned persons(s).

6. With these observations, both the appeals are disposed of.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name and address of parties: 2

1. Shri Harish Chandra Gupta, 40, Ahinsa Vihar, Ayodhya Road, Bhopal-41.

2. Shri Kishore Purswani, Central Public Information Officer, Bharat Heavy
Electricals Ltd., 5th Floor, Admn. Building, Bhopal, M.P.

All men by nature desire to know – Aristotle