Central Information Commission
Mrnavratan Mal Jain vs Ministry Of Labour & Employment on 4 April, 2016
CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26101592
File No. CIC/BS/A/2015/000469+000471+000472/10097
04 April 2016
Relevant Facts emerging from the Appeal:
Appellant : Mr. Navratanmal Jain
S/o - Late Shri Shankar Lal Jain
C/o Badam Bai Joshi,
H. No - 93, Gayatri Nagar,
Bhilwara, Rajasthan
Respondent : CPIO / Assistant Welfare Commissioner,
Ministry of Labour & Employment
O/o The Welfare Commissioner,
B -114, Godavari Bhawan, Data Nagar,
Jatiya Hills, Ajmer (Rajasthan)
RTI application filed on : 04/12/2014, 29/10/2014 & 20/11/2014
PIO replied on : 16/12/2014
First appeal filed on : 01/12/2014 & 23/12/2014
First Appellate Authority order : 23/01/2015, 30/01/2015, 22/12/2014 & 22/01/2015
Second Appeal received on : 27/02/2015
Information sought:
File No. CIC/BS/A/2015/000469 The appellant through 4 queries has sought the information regarding the staff appointed in limestone & dolomite and bidi worker allopathic dispensary during October and November 2014. What action has been taken by the department for opening bidi worker dispensary in Bhilwada. Provide the monthly treatment report for the year 2013-2014 Sujangarh (Karoli) Dispensary and Bhadhu Dispensary and information related to the guard pharmacist DCA and Nurse appointed in hospital at Bhilwara region.
File No. CIC/BS/A/2015/000471 The appellant through 9 queries has sought the information related to hospitals for Bidi workers in Rajasthan and Gujarat as the details of the salary being given to those workers. Reason for doing injustice with bidi worker at Bhilwada. What is the purpose of issuing the cards to the bidi workers if they can not avail the facility of the same. A list dated 29/08/2014 was sent for issuing the identity card to all the bidi workers in Bhilwada, but nothing has been done, provide reasons for the same. What action has been taken against the request sent on letter head and various other related information?
File No. CIC/BS/A/2015/000472 The appellant through 7 queries has sought the information in respect of the survey conducted by Labour Welfare commissioner Ajmer regarding bidi workers in Bhilwada. Provide the details (name, address & mobile number) about the staff strength working in the office of Labour Welfare Commissioner, Ajmer. Provide the details of the employee who were caught while Page 1 of 2 accepting bribes in the office of Labour Welfare Commissioner, Ajmer. What steps have been taken by the department for opening of Mobile Dispensary for biri workers. Also wants to know about how many number of camps for giving/making identity card will be organized and the information related to not transferring Bhadhu dispensary of Neem ka thana to Bhilwada District.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Navratanmal Jain through VC Respondent: Mr. Brajesh Sharma ACPIO through VC It is seen that the information sought in all the three appeals is inter-related and hence they heard together and decided by a common order.
The appellant stated that he wants to know what facilities are available to bidi workers who hold card. He further stated that Labour Welfare Officer had carried out a survey of bidi workers at Ajmer and he wants a copy of the report. He also requested for the names of officers posted at Welfare Commissioner's Office Ajmer and at Bhadhu dispensary and their contact numbers. He alleged that the staff posted in the Welfare Commissioner's office demands money for doing work and one employee was caught red handed while accepting bribe of Rs.150/-. He also requested for details of welfare schemes for bidi workers and the process for obtaining forms and also information relating to camps held for bidi workers and their frequency. He submitted that there is a scheme for running mobile dispensary for welfare of bidi workers at Bhilwara and he wants to know complete details and status of the dispensary. He requested for copy of monthly patient treatment reports for Sujangarh(Karoli) and Bhadhu dispensaries. As regards the appellant's allegation regarding staff caught while accepting money, the ACPIO stated that the employee was caught at his house and not in the office premises. He agreed to provide point wise information on the other issues.
Decision notice:
At the outset it is clarified that under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or provide clarification or furnish replies to hypothetical questions. Similarly, redressal of grievance, reasons for non compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act.
The ACPIO is directed to provide point wise information as requested above by the appellant, free of cost, within 30 days from the date of receipt of this order.
The appeals are disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2