Central Information Commission
Mr.R Maheshwar vs Bharat Heavy Plate And Vessels Ltd. on 7 November, 2013
Central Information Commission
Room No.305, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in Tel No:26167931
Case No: CIC/SS/C/2013/000193
CIC/SS/A/2013/001188
7 November, 2013
The Appellant has filed the present a Complaint & Appeal in case no:
CIC/SS/C/20013/000193 and in case no: CIC/SS/A/2013/001188 respectively, both shall
be disposed of accordingly by this order.
Name of the Appellant : Shri R. Maheshwar, Medak
Name of Respondents : Bharat Heavy Plate and Vessels
Ltd.
Date of Hearing : 27.08.2013
ORDER
Shri R. Maheshwar hereinafter called the Complainant has filed a identical Complaint and Appeal on 18.02.2013 and 3.04.2013 respectively before the Commission in respect of same RTI application dated 12.01.2013 (i.e. on same subject matter) against the respondent namely Bharat Heavy Plate and Vessels Ltd. The Complainant was inperson present in the hearing whereas from the Respondent side CPIOShri Suba Rao was present in the hearing conducted through video conferencing.
2. The Appellant through the RTI application dated 12.01.2013 sought information on following 2 points: (1) Furnish my Salary Particulars from 10.06.1972 to 17.06.1972 for badge number 2166, designation welder, department WM; (2) copy of Service Certificate.
3. Failing to get a response within the stipulated period of 30 days the Complainant filed his Complaint petition dated 18.02.2013 before the Commission. Thereafter, the CPIO vide letter no: BHPV/RTIPIOP/2013 dated 23.02.2013 replied to the appellant as follows: "....We wish to inform that the information sought by you is not available in our records. As the information by you is more than 40 years old, it took a long time to ascertain whether the information sought by you is available or not, hence the delay in replying to you letter."
4. The Complainant has not filed any First Appeal before the FAA and instead filed an Appeal dated 3.04.2013 before the Commission on the ground that the CPIO has failed to provide the desired information.
5. During hearing before the Commission, the CPIO submits that as per records available with them, the Complainant joined the Respondent Organization on 10.06.1972 and was relieved on 14.06.1972 on submission of resignation from service. CPIO further submits that they have no records available with them in respect of payment of salary to the Complainant for 5 days and there is also no record available of a service Certificate having been issued to the Appellant for his 5 days of service because the records are more than 40 years old. On the other hand, Complainant submits that he served the Respondent organization for 5 days for which he has not received salary and he wants his salary for those 5 days.
6. Commission observes that the Complainant through his RTI application sought information in respect of Salary Particulars from 10.06.1972 to 17.06.1972 and a copy of his Salary certificate. The contention of the CPIO is that they have no records available with them in respect of payment of salary to the Complainant because the records are more than 40 years old.
7. Commission also observes that the matter of the Complainant is in the nature of a grievance regarding nonpayment of salary which cannot be dealt with under the RTI Act, 2005. The Commission finds no reason to interfere with the reply of the CPIO.
8. On the question of delay, the Commission finds that that the RTI application dated 21.01.2013 was replied to by the CPIO vide letter dated 23.02.2013 i.e. a delay of about 10 days has been caused which, as explained by the CPIO as has been caused due to search for old records. The Commission is of the view that the delay is only for 10 days due to the reason that records sought are 40 years old. No case therefore for initiation of the penalty proceedings is made out.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C Singh) Deputy Secretary To:
1. Shri R. Maheshwar, H.No.2138, Ram Mandir Marg, Patancheruvu, Medak, (A.P) - 502319
2. The Senior Manager (Law) & PIO, Bharat Heavy Plate & Vessels Ltd., P.O BHPV, Visakhapatnam - 530012
3. The General Manager & Appellate Authority, Bharat Heavy Plate & Vessels Ltd., P.O BHPV, Visakhapatnam - 530012