Central Information Commission
Avishek Dalmia vs Bharat Heavy Electricals Limited ... on 6 July, 2021
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
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/BHELD/A/2019/655897
Mr. Avishek Dalmia ... अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादी /Respondent
Bharat Heavy Electricals Limited
Boiler Auxiliaries Plant, Indira
Gandhi Industrial Complex, Ranipet
Vellore, Tamai Nadu-632406
Relevant dates emerging from the appeal:-
RTI : 25-03-2019 FA : 16-09-2019 SA : 07-11-2019
CPIO : Not on Record FAO : Not on Record Hearing : 01-07-2021
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bharat Heavy Electricals Limited, Vellore. The appellant seeking information regarding recruitment of Engineer Trainees through GATE 2016 and GATE 2015 on four points including inter alia:-
"(i) Number of candidates joining the organisation, discipline/post wise for above mentioned unit/division (Boiler Auxilaries Plant (BAP), Ranipet);
(ii) How many candidates left the organisation after joining within 3 months, discipline/post wise for above mentioned unit/division (Boiler Auxilaries Plant (BAP), Ranipet);
(iii) Number of candidates completed the training, disciplines/post wise for the above mentioned unit/division (Boiler Auxilaries Plant (BAP), Ranipet);Page 1 of 3
(iv) Number of candidates still working in your organisation, discipline/post wise for above mentioned unit/division (Boiler Auxilaries Plant (BAP), Ranipet)".
2. As the CPIO had not provided the information sought for, the appellant filed the first appeal dated 16.09.2019 requesting that the information should be provided to him. The first appellate authority had also not provided the information sought for. He then filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that information has not been provided to him and requested the Commission to direct the respondent to provide complete and correct information.
Hearing:
3. The appellant attended the hearing through audio-call. The respondent, Shri TS Balaji, CPIO attended the hearing through audio-call.
4. The respondent submitted their written submissions dated 17.06.2021 and the same has been taken on record.
5. The appellant submitted that the CPIO had not sent the reply to the RTI Application dated 25-03-2019 for more than a year and requests the Commission to view the inordinate delay seriously.
6. The respondent submitted that the then CPIO Shri. S. Sridhar, Deputy General Manager was the CPIO at the time of RTI Application and he seems to not have issued any reply to the RTI Application.
Decision:
7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the Appellant is aggrieved due to the inordinate delay by the Authorities in providing the reply. However, new CPIO submits that he has been recently appointed and has taken time to gather information. Therefore, this Commission advices the officers to be more careful in giving the information in time frame as per the provisions of RTI. The Commission notes that the official, Shri. S. Sridhar was lacking in discharging the responsibilities as the then CPIO.
8. However, the commission issues strict direction to the CPIO to comply with the Provisions of RTI Act and furnish replies well within time in future. This commission issues warning to the then CPIO for not responding to the applicant in time which should be brought to the notice of his controlling officer as well. The Page 2 of 3 Commission also instructs the Respondent Public Authority to convene periodic conferences/seminars to sensitize, familiarize and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities.
9. With the above observations, the appeal is disposed of.
10. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
सूचना आयु )
Information Commissioner (सू
दनांक / Date : 01-07-2021
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. CPIO
Bharat Heavy Electricals Limited
Boiler Auxiliaries Plant,
Indira Gandhi Industrial Complex,
Ranipet Vellore, Tamai Nadu-632406
2. Mr. Avishek Dalmia
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