Central Information Commission
B T More vs Department Of Atomic Energy on 3 February, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/DOATE/A/2024/101445.
Shri. B T MORE. ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, ...प्रतिवादीगण /Respondent
Department of Atomic Energy.
Date of Hearing : 30.01.2025
Date of Decision : 30.01.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 10.09.2023
PIO replied on : 07.10.2023
First Appeal filed on : 02.11.2023
First Appellate Order on : 02.12.2023
2ndAppeal/complaint received on : 17.01.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 10.09.2023 seeking information on following points:-
1) All relevant papers and documents along with certified copy of standing orders applicable and adopted for its employees at Heavy Water Plant Manuguru under Industrial Employment (standing orders) Act, 1946
2) Certified copy of Recruitment and promotion rules applicable and adopted for employees of Heavy Water Plant, Manuguru along with all Proposals, letters and documents covered by Industrial Disputes Act, 1947
3) Certified copy of. Leave Travel Concession rules applicable and adopted for employees of Heavy Water Plant, Manuguru along with all relevant papers, letters and documents covered by Industrial Disputes Act, 1947"
The CPIO vide letter dated 07.10.2023 replied as under:-
"1. Employees of Heavy Water Plant Manuguru are governed by Fundamental Rules and Supplementary Rules and various civil services Rules as applicable. Hence, this industrial establishment is exempted from the purview of Industrial Employment (Standing orders) Act, 1946 under section 13 B of Industrial Employment (Standing orders) Act, 1946.
2. Since, HWPM is constituent unit of Department of Atomic Energy, the recruitment rules and promotion rules applicable to HWPM are available on DAE and BARC websites i.e. https://dae.gov.in/recruitment-rules/and https://www.barc.gov.in/rti/career digests. html.
Page 1
3. Heavy Water Plant Manuguru employees are governed by Central Civil Services (Leave Travel Concession) Rules. Copy of which is available on public domain l.e. www. dopt. gov. In."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.11.2023. The FAA, GM, HWPM vide order dated 02.12.2023 stated as under:-
"1. For point(a), As Heavy Water Plant(Manuguru) is governed by Fundamental Rules Supplementary and Rules and Central Civil-Services Rules, no specific notification in this regard is to be published under Rule 13 B of Industrial Employment Act, 1946 For Point (b),-The statement of the appellant is not relevant in the present context.
2. Information provided by CPIO is upheld
3. For point(a), As Heavy Water Plant(Manuguru) is governed by Fundamental Rules Supplementary and Rules and Central Civil Services Rules, no specific notification in this regard is to be published under Rule 13 B of Industrial Employment Act, 1946 For Point (b), The statement of the appellant is not relevant in the present context."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present over call Respondent: Shri G.Venu ,CAO The CPIO vide written submission dated 21.1.2025 submitted that the employees of Heavy Water Plant, Manuguru are governed under the Fundamental and Supplementary Rules, Central Civil Services (Classification, Control and Appeal) Rules, etc. and hence Heavy Water Plant, Manuguru is exempted from the Industrial Employment (Standing Order) Act, 1946.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by CPIO. The CPIO is further directed to send the copy of the written submissions dated 21.1.2025 to the Appellant within 10 days from the date of receipt of this order by speed post / registered post/ E mail and to further send the compliance report of this order 01 week thereafter. No further action lies.
The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) Page 2 S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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