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[Cites 10, Cited by 0]

Central Information Commission

Riju R vs Fluid Control Research Institute on 13 April, 2026

                               के ीय सू चना आयोग
                         Central Information Commission
                            बाबा गं गनाथ माग, मु िनरका
                          Baba Gangnath Marg, Munirka
                          नई िद ी, New Delhi - 110067


File No:
CIC/FCRIN/A/2024/656097
CIC/FCRIN/C/2024/131403

Riju R                                    ....अपीलकता/Appellant/complainant


                                         VERSUS
                                          बनाम


The CPIO                                               .... ितवादीगण /Respondent
 Fluid Control Research Institute,
 Kanjikode West,
 Palakkad-678623

 Date of Hearing                     :    13.04.2026
 Date of Decision                    :    13.04.2026

INFORMATION COMMISSIONER :                SANJEEV KUMAR JINDAL

The above-mentioned complaint and appeal are clubbed together as the
appellant/complainant are common and subject-matter is arising from same RTI
Application, hence are being disposed of through a common order.

Relevant facts emerging from instant matters:

 Case   Date of RTI CPIO Reply First     FAA Order              Second
 No                            Appeal                           Appeal/complaint
                               Dated                            Dated
 656097 18.06.2024 17.07.2024 17.08.2024 17.09.2024             16.12.2024
 131403 18.06.2024 17.07.2024 17.08.2024 17.09.2024             24.09.2024




                                                                       Page 1 of 11
 Information sought

:

1. The Appellant/complainant filed an RTI application dated 18.06.2024 seeking the following information:
"1) Details to be furnished and certified Copy of Order regarding the deployment/ engagement of Labour supply casual employees those who work under Labour supply contractor for site testing / calibration works undertaken by FCRI.
2) Do FCRI provide Insurance coverage for accidents / other mishaps during site works for labour supply casuals those working under Labour supply contractor engaged by FCRI. (yes/No) If yes provide details (including insurance company name, insured amount )and the amount spend for the above year wise
3) Do FCRI provide Insurance coverage for accidents / other mishaps during site works for Apprentices, Trainees , contract employees engaged by FCRI (yes/No) If yes provide details (including insurance company name, insured amount ) and the amount spend for the above year wise.
4) Do FCRI issue id cards which designation for casual employees working under Labour supply contractor while engaging for site work. (yes/No)
5) If no, how clients at site know their true designations and category of employment in FCRI.
6) Do FCRI reveal customers that they are engaging casual workers (under Labour supply contractor) , contract engineers, apprentices and trainees for fine specialised work like testing and calibration.

(Yes/No)

7) As per NABL/ FCRI quality norms, can casual employees working under labour supply contractor, contract engineers , apprentices and trainees be engaged for testing / calibration works. (Yes/No)

8) provide a certified Order copy indicating that casual employees under labour supply contractor working in FCRI are eligible and competent to be engaged for site testing and calibration works.

Page 2 of 11

9) Details to be furnished and provide a certified order copy specifying the allowances to be given for casual employees under labour supply contractor while engaged for site testing and calibration works

10) Is there GC approval for sending casual employees, Apprentices, Trainees and casual labourers under labour supply contractor of FCRI for site work. (Yes/No) If yes kindly provide the copy of such order

11) Do FCRI violate Apprentice act 1961 by engaging apprentices for testing, calibration works inside FCRI and for site work. (Yes/No)

12) In the event of violation of apprentice act by FCRI official ,who is responsible for that and name of the authority who should take action to stop that.

13) Details of the allowances for employees other than contract/ casual under labour supply contractor / apprentices in FCRI while engaging in site calibration / testing and other work and provide the certified order copy for the same.

14) List the number of individuals in the above each category deployed for site work till now

15) The duties and responsibilities of apprentice, trainees, casuals under labour supply contractor and contract engineers while deployed for site work For all the RTI questions Serial Number 1 to 15 asked, the certified Hard copies to be provided to the applicant with signature, Name seal of F".

2. The CPIO furnished a reply to the appellant/complainant on 17.07.2024 stated as under:

"Sub: Request for Information under RTI Act 2005 Ref: Your RTI Registration no. FCRIN/R/E/24/00010 dated 18.06.2024 With reference to your query, please find our reply as given below.
Information sought Reply by CPIO
1. Details to be furnished and 1. No specific order is needed for certified Copy of Order regarding engagement of any employee for the deployment/ engagement of site assignments.
Page 3 of 11
Labour supply casual employees those who work under Labour supply contractor for site testing / calibration works undertaken by FCRI
2. Do FCRI provide Insurance 2. Yes.
coverage for accidents / other Information indicative of revealing mishaps during site works for Institute's operational position and labour supply casuals those competitive business cannot be working under Labour supply provided as that does not serve any contractor engaged by FCRI. public interest. (yes/No).
If yes provide details (including insurance company name, insured amount )and the amount spend for the above year wise
3. Do FCRI provide Insurance 3. Yes. Refer answer to query 2. coverage for accidents / other mishaps during site works for Apprentices, Trainees , contract employees engaged by FCRI (yes/No) If yes provide details (including insurance company name, insured amount ) and the amount spend for the above year wise.
4. Do FCRI issue id cards which 4. Yes. Specific ID Cards are designation for casual employees issued for all manpower working under Labour supply engagements of short-term nature contractor while engaging for site whenever necessary. work. (yes/No)
5. If no, how clients at site know 5. Not Applicable. Refer Answer to their true designations and query 4. category of employment in FCRI
6. Do FCRI reveal customers that 6. This is an inappropriate RTI query. they are engaging casual workers (under Labour supply contractor) , contract engineers, apprentices and trainees for fine specialised work like testing and calibration.
(Yes/No) Page 4 of 11
7. As per NABL/ FCRI quality norms, 7. Different types of manpower of can casual employees working skills ranging from unskilled under labour supply contractor, upwards including trainees are contract engineers , apprentices engaged for different activities and trainees be engaged for connected to conduct of Tests & testing / calibration works. Calibration at FCRI / site. FCRI does (Yes/No) not engage inappropriate manpower for any of its technical services for NABL / non- NABL accredited services.
8. provide a certified Order copy 8. This is an inappropriate Query. indicating that casual employees under labour supply contractor working in FCRI are eligible and competent to be engaged for site testing and calibration works.
9. Details to be furnished and 9. Order No. 07/2018 dated provide a certified order copy 01/03/18. Internal Orders cannot specifying the allowances to be be provided. Further, the specific given for casual employees under information sought does not serve labour supply contractor while any public interest. engaged for site testing and calibration works
10. Is there GC approval for sending 10. This is an inappropriate RTI query. casual employees, Apprentices, Further, engagement of personnel Trainees and casual labourers is purely an internal matter of an under labour supply contractor of organisation. The requested FCRI for site work. (Yes/No) information does not serve any If yes kindly provide the copy of public interest. such order
11. Do FCRI violate Apprentice act 11. This is an inappropriate RTI query. 1961 by engaging apprentices for testing, calibration works inside FCRI and for site work. (Yes/No)
12. In the event of violation of 12. This is an inappropriate RTI query. apprentice act by FCRI official , who is responsible for that and name of the authority who should take action to stop that.
13. Details of the allowances for 13. Refer rely to query No.9 employees other than contract/ casual under labour supply Page 5 of 11 contractor / apprentices in FCRI while engaging in site calibration / testing and other work and provide the certified order copy for the same.
14. List the number of individuals in 14. This is purely business information the above each category deployed pertaining to the Institute and for site work till now confidential to operations. The information sought does not serve any public interest and cannot be provided.
15. The duties and responsibilities of 15. The work profile generally apprentice, trainees, casuals includes assisting in mobilization, under labour supply contractor packing / unpacking, assisting with and contract engineers while measurements, etc. for various deployed for site work technical jobs.

3. Being dissatisfied, the appellant/complainant filed a First Appeal on dated 17.08.2024. The FAA vide its order on 17.09.2024 stated as under:

"Ref:
1) RTI Application No. FCRIN/R/E/24/00010 dated 18-06-2024
2) Response of CPIO No. FCRI/RTI/ 2024-06/11/1029 dated 17-07-2024
3) Appeal received by email ([email protected]) dated 17/08/2024 Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ORDER OF APPELLATE AUTHORITY With reference to an RTI Appeal addressed to the First Appellate Authority (FAA) as cited above the FAA examined both the request for information originally sought in the RTI application and the reply provided by CPIO of FCRI. After perusal of these two, and the records available, the FAA observes that:
i) There is no separate Work Order issued for specific engagement of any category of staff for onsite duties, as claimed by the appellant.
ii) For site assignments, FCRI informs client on the personnel who will be visiting the site, for Gate Pass and other logistics needs.
Page 6 of 11
iii) The Office Orders on travel allowances to employees are published and available on FCRI Notice Board for the benefit of all employees, including the appellant who is currently engaged at FCRI as casual labour employee through labour supply contractor.

It is observed that though the CPIO has provided as much information as possible to the RTI Queries, the Appellant seems to indicate that he is not interested in seeking information, but only needs confirmation of his own opinions (probably, formed on hearsay). Further, the FAA notes that the Appellant seems to be on some vendetta against the CPIO or public authority, possibly as a means to intimidate the CPIO or for some personal reasons.

Therefore, considering that information has been provided to the queries, the FAA notes that reply provided by the CPIO stands, and hence FAA does not find any reason to interfere with the reply provided by the CPIO. The Appeal is accordingly disposed of".

4. Feeling aggrieved and dissatisfied, appellant/complainant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-
Appellant/complainant: Mr. Riju R. Respondent: Mr. Muthu Kumar, FCRI, CPIO

5. Proof of having served a copy of Second Appeal and complaint on Respondent, while filing the same in CIC, is not available on record.

6. The appellant/complainant inter alia submitted that the reply dated 17.07.2024 furnished by the CPIO is incomplete, vague, and evasive. It is also submitted that specific information sought, particularly with regard to insurance coverage details, including the name of the insurance company, insured amount, and year-wise expenditure, has not been provided.

7. Written submissions dated 05.04.2026 filed by the appellant/complainant is taken on record which states that reply dated 17.07.2024 provide incomplete, vague and evasive. It is prayed that action may be taken under section 20 of the RTI Act. Insurance details for labour were partially denied without valid exemption under Sections 8/9, and insurance for trainees was inadequately answered by merely referring to another query.

Page 7 of 11

Written submissions dated 06.04.2026 filed by the appellant/complainant is taken on record which states that present complaint under Section 18 of the RTI Act arises due to serious violations of the provisions of the Act and improper handling of the RTI application by the Respondent Public Authority. It is further stated that the First Appellate Authority, who is legally mandated to ensure implementation of the RTI Act misleading information has been circulated among employees suggesting that RTI applications filed by the Complainant would adversely affect their benefits, resulting in pressure being exerted on the Complainant.

8. The respondent while defending their case inter alia submitted that wherever information was available on record, the same has been duly furnished, and in cases where no specific records exist, appropriate reply was given. It is further submitted that certain queries raised by the Appellant/complainant are in the nature of seeking clarifications, opinions, or justifications, which do not fall within the scope of "information" as defined under Section 2(f) of the RTI Act. With regard to the insurance- related queries, the respondent submitted that different sites are covered under different insurance companies, and therefore, specific details can only be provided if the Appellant/complainant specifies a particular site for seeking details.

9. Written submissions dated 06.04.2026 filed by the respondent CPIO is taken on record which states that the CPIO provided response to all queries vide reply cited above. It is stated that the applicant filed a First Appeal on 17.08.2024 which was disposed of by the FAA on 17.09.2024. It is further stated that the Appellant/complainant, in the Second Appeal, has raised issues which were not part of the original RTI application or the First Appeal and is attempting to expand the scope of the queries beyond what was originally sought. It is stated that the CPIO had informed that no specific orders exist on record in respect of the matters raised, and the same position was upheld by the FAA based on the records available. It is stated that with respect to certain information sought, the CPIO had provided a response in the affirmative but denied further details on the ground that such information pertains to commercial confidence and operational matters, which are exempt under Section 8(1)(d) of the RTI Act, 2005 in the absence of any larger public interest. It is also submitted there was no malafide.

Written submissions dated 06.04.2026 filed by the respondent CPIO is taken on record which states that the allegation regarding sharing of personal details with the general public or employees is false and without any basis, and no such incident has occurred. It is further stated that the complainant is an office bearer of a trade union at Palakkad and has been intermittently engaged on a casual basis through a contractor, and has allegedly been Page 8 of 11 involved in anti-organizational activities. It is also stated that the complainant himself had previously shared RTI replies on a trade union forum, and at no point has the Public Authority disclosed his personal details under proactive disclosure or otherwise. It is also stated that the present complaint and similar proceedings are intended to divert the attention of the Public Authority and act as a pre-emptive measure against possible disciplinary action, and therefore, the complaint has been filed with mal- intent.

Decision:

10. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that on most of the points, information as available with the CPIO has been provided to the appellant. However, with regard to the issue of insurance coverage as raised at point 2 and 3 of the RTI application, the respondent CPIO has not provided the detailed particulars such as the name of the insurance company, insured amount, and expenditure on the ground that it involves operational and commercial aspects.

The Commission also notes that during the hearing, the respondent CPIO has clarified that different sites are covered under different insurance arrangements, and that specific details about the insurance company can be furnished if the Appellant/complainant specifies a particular site. The Commission also notes that in the absence of such specificity, information cannot be provided to the appellant/complainant.

With regard to other points of the RTI Application, the Commission is of the view that the queries seeking explanations, interpretations, or confirmation of alleged violations of the Apprentices Act, 1961 etc are outside the ambit of the RTI Act.

Wirth regard to the complaint the Commission observes that for taking action under section 20 of RTI Act malafide intention must be proved by the complainant on the part of respondent. The Commission would like to place reliance on the case of Col. Rajendra Singh v. Central Information Commission and Anr. WP 5469 of 2008 dated 20.03.2009 wherein it was held as under:

"Section 20, no doubt empowers the CIC to take penal action and direct payment of such compensation or penalty as is warranted. Yet the Commission has to be satisfied that the delay occurred was without reasonable cause or the request was denied malafidely."

In the present case, no such malafide intention or absence of reasonable cause is made out on the part of respondent CPIO and the Commission is Page 9 of 11 satisfied that an appropriate reply has been given by the respondent CPIO to the appellant/ complainant.

Nonetheless, in the interest of justice and transparency, in the second appeal, the Commission directs the respondent CPIO to provide insurance details, in case the appellant submit details of a specific site, within 07 days from the date of receipt of this order. Upon receipt of such details, the respondent CPIO shall furnish a revised reply, limited to the specific site, including available information regarding insurance coverage, within 15 days thereafter to the appellant, under intimation to the Commission.

With the above observations and directions, the appeal and Complaint are disposed of.

Sd/-

SANJEEV KUMAR JINDAL (सं जीव कुमार िजंदल) Information Commissioner (सू चना आयु ) date: 13.04.2026 Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Addresses of the Parties:

1. The CPIO Fluid Control Research Institute, Kanjikode West, Palakkad-678623 Page 10 of 11
2. Mr. Riju R Page 11 of 11 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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