Central Information Commission
Debanjan Bhattacharjee vs Employees State Insurance Corporation on 11 January, 2023
CIC/ESICO/A/2021/662628
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/ESICO/A/2021/662628
In the matter of:
Debanjan Bhattacharjee ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Employees State Insurance
Corporation, ESI-PGIMSR,
ESIC Medical College and ESIC
Hospital and ODC, Joka,
Diamond Harbour Road,
Kolkata- 700104
Relevant dates emerging from the appeal:
RTI Application filed on : 27.11.2021
CPIO replied on : 03.12.2021
First Appeal filed on : 12.12.2021
First Appellate Authority order : 20.12.2021
Second Appeal received on : 26.12.2021
Date of Hearing : 10.01.2023
The following were present:
Appellant: Absent (despite being served the hearing notice)
Respondent: Shri Utpal Sarkar, Deputy Director & CPIO, participated in
the hearing through video conferencing from NIC Nizam Palace
Page 1 of 5
CIC/ESICO/A/2021/662628
ORDER
Information sought:
The Appellant filed an online RTI Application dated 27.11.2021 seeking information on the following three points:
"I sincerely thank you for the information provided in my previous application (Ref. no. ESICO/R/E/21/03035/3 dated: 19/11/2021) regarding emoluments and accommodation of Senior Residents working in ESIC medical colleges vide letter no. 532/E/11/15/20-21/RTI/VOL-VI, dated: 21/11/21.
However, one of the ESIC medical colleges- ESI-PGIMSR, Joka seems to have made a grossly contradicted system of emolument and accommodation facilities for Senior Residents working under the Residency Scheme in this medical college as the system should be same and applicable to all ESIC medical colleges. These are as follows:
1) The advertisement for recruitment and offer of engagement of Senior Residents under Residency Scheme mentions that the Senior Residents will be given an emolument of Rs 101000/-per month which grossly contradicts the system of emolument according to 7th CPC salary-Level 11.
2) It is also seen that the same institute has provided different provisions of emoluments for Senior Residents under Residency scheme for different departments- ESIC Joka SR advertisement (Advt. No: 09/2021, dated: 23/07/21) vs ESIC Joka SR advertisement (Advt. No: 10/2021, dated: 30/09/21). The contrast is obvious and there can be either bonafide or malafide intention behind this grossly contradicting system.
I have highlighted the important sections of all the enclosed documents. I am requesting information regarding the below-mentioned subjects
1) Why such difference exists in advertisement and emoluments for Senior Residents working under the same Residency scheme?
Page 2 of 5CIC/ESICO/A/2021/662628
2) Will the concerned authority of ESIC Joka make necessary changes or corrections of providing emoluments currently to the Senior Residents?
3) If changes or corrections are made will the concerned authority provide arrears from the time of engagement?"
The CPIO/Asstt. Director (A), ESIC Hospital & ODZ (EZ), Joka, Kolkata vide letter dated 03.12.2021, informed to the Appellant as under:
Being dissatisfied, the Appellant filed a First Appeal dated 12.12.2021. The First Appellate Authority vide order dated 20.12.2021, informed as under:
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 3 of 5
CIC/ESICO/A/2021/662628 Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice and the same has been confirmed by Shri Kapil Dev, Network Engineer, from NIC Nizam Palace.
The respondent submitted that though the contents of the instant RTI Application are clarificatory in nature and the same is beyond the ambit of information as per Section 2 (f) of the RTI Act, adequate reply has been given to the Appellant vide letter dated 03.12.2021 and 20.12.2021.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that adequate reply qua the instant RTI Application has been given to the Respondent vide letter dated 03.12.2021 and 20.12.2021, Moreover, the Appellant did not participate in the hearing to buttress his case, hence, the Commission finds no further scope of intervention in the instant matter.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमतापांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 10.01.2023 Page 4 of 5 CIC/ESICO/A/2021/662628 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Employees State Insurance Corporation, ESI-PGIMSR, ESIC Medical College and ESIC Hospital and ODC, Joka, Diamond Harbour Road, Kolkata- 700104
2. The Central Public Information Officer Employees State Insurance Corporation, ESI-PGIMSR, ESIC Medical College and ESIC Hospital and ODC, Joka, Diamond Harbour Road, Kolkata- 700104
3. Mr. Debanjan Bhattacharjee Page 5 of 5