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Central Information Commission

Mrpharen Kumar Pradhan vs National Thermal Power Corporation on 5 February, 2016

                           CENTRAL INFORMATION COMMISSION
                            August Kranti Bhawan, Bhikaji Cama Place,
                                       New Delhi-110066

                                                        F.No. CIC/RM/A/2014/003920-YA



Date of Hearing                            :   28.01.2016

Date of Decision                           :   05.02.2016



Complainant/Appellant                      :   Shri Pharen Kumar Pradhan

                                               Rep. by Shri B Satpathy

                                               Angul, Orissa




Respondent                                 :   P. K Yadav CPIO

                                               NTPC, Delhi



Information Commissioner                   :   Shri Yashovardhan Azad



Relevant facts emerging from complaint/appeal:

RTI application filed on                   :   06.02.2014
CPIO replied on                            :   31.03.2014
First Appeal filed on                      :   20.03.2014
First Appellate Authority (FAA) order on   :   23.04.2014
Complaint/ Second Appeal received on       :   05.06.2014



Information Sought:
 The appellant sought information on non taking of action by General Manager, NTPC/TTPS,
Talcher Thermal on receipt of his application dated 06.05.2013 for engagement of trained
apprentice, relying on the decision of Hon'ble Supreme Court in AIR 1995 SC 1115.

Background of the case:

The appellant filed an RTI application on 06.02.2014 seeking the above information. CPIO vide letter dated 31.03.2014 replied to the RTI, FAA vide his letter dated 23.04.2014 disposed of the first appeal. Not satisfied with the response of public authority, the appellant filed second appeal before the Commission.

Relevant facts emerging from hearing:

Appellant is present and heard through video conferencing, Respondent is also present. Appellant has placed on record written submission dated 25.01.2016 questioning that if no vacancies existed on what basis more than 950 persons have been provided contractual jobs. Appellant emphasised on the implementation of the Supreme Court decision passed in the case of UP State Road Transport Corporation and others vs. UP Parivahan Nigam Shishukhs Beroozgar Sangh by the NTPC while dealing with the claim of the trainees to get employment.
Respondent reiterates that there is surplus manpower in the said project and no General recruitment was held till date, by which the appellant could have claimed preference in comparison to other non-apprentice candidates.
Issue for determination in this appeal:
1) Whether the information sought by the appellant was furnished as available on record.

Decision:-

After hearing both parties and on perusal of record the Commission finds that the information sought has already been furnished by the CPIO.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy or Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Central Public Information Officer under RTI (Shri Pramod K. Yadav), N. T. P. C. Limited, NTPC Bhawan, SCOPE Complex, 7, Institutional Area, Lodhi Road, New Delhi-110003 Shri Pharen Kumar Pradhan S/o. Shri Jaya Krishna Pradhan, Village - Kukudula, Post Office - Talcher Railway Station, District - Angul-759100 (Odisha).