Central Information Commission
R. Vijayasarathy vs Ut Of Puducherry on 9 October, 2023
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीयसचू नाआयोग
Central Information Commission
बाबागंगनाथमागग, मनु नरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
निकायतसंख्या / Complaint No. CIC/UTPON/C/2022/667252-UM
Mr. R. Vijayasarathy
....निकायतकताग/Complainant
VERSUS
बनाम
CPIO,
O/o. The Deputy Direcotor (Admin),
Nodal Cpio, Rti Cell,
Directorate Of Industries And Commerce,
Industrial Estate, Thattanchavady, Puducherry-605009
.... प्रनतवािीगण /Respondent
Date of Hearing : 03.10.2023
Date of Decision : 09.10.2023
Date of RTI application 11.11.2022
CPIO's response Not on record
Date of the First Appeal Not on record
First Appellate Authority's response Not on record
Date of diarized receipt of Complaint by the Commission 16.12.2022
ORDER
FACTS The Complainant vide his RTI application sought information on points, as under:-
1 (a) Whether above notification is published in Pondicherry Daily newspaper for open call for/direct recruitment?.
(b) If yes kindly furnish the copy of the newspaper?.
(c) If no kindly furnish the reason as information u/s 4(1)(d) for not announced in paper publication.
2. (a) Provide reason as information u/s 4(1)(d) why the age limit is not fixed for Direct recruitment 53 Post MPW in PDL notification.
Page 1 of 4(b) Provide information whether 95 years old person is eligible for apply for direct Recruitment MPW for above notification at that time of notification stated above in 2015.
(c) Provide information regarding the Recruitment Rule of PDL what is the age limit for MPW at that time of Direct Recruitment in the year 2015 and Present 2022.
(d) Provide the names of the entire applicant and their age who are all submitted application for the above notification regarding the Recruitment of MPW 53 Posts.
(e) Provide the age and names of all the candidates passed and regularised in the 53 Direct Recruitment post of MPW.
3. (a) Kindly provide the total number of application received.
(b) Names of all applicant names.
(c) Total number of applications rejected and applicant names.
(d) Total number of application accepted and applicant names.
4. (a) Total Number of CLRs applied for the above post.
(b) Names of all CLRs who are all applied for direct recruitment.
5. (a) When did the Exam conducted for Direct Recruitment for the above MPW 53 Posts?
(b) Provide the copy of notification regarding the date of examination announced by PDL in Newspaper or any other mode?
6. (a) Total Number of candidates written the exam and their names.
(b) Provide information regarding the assignment of Roll Numbers to the Candidates and their names for the Recruitment Post of Multipurpose worker and date of examination
7. (a) Total Number of CLRs application received for direct Recruitment Post MPW.
(b) Total Number of CLRs application rejected for direct Recruitment Post MPW.
(c) Total number of CLRs applications is qualified as per eligible criteria Education qualification for direct Recruitment Post MPW and provide their names
(d) Total number of CLRs applications is unqualified as per eligible Education qualification criteria for direct Recruitment Post MPW and provide their names.
(e) Total Number of CLRs candidates' written exam for direct Recruitment Post MPW and their names
(f) Total number of CLRs candidates passed in exam for direct Recruitment Post MPW and their names
(g) Total number of CLRs candidates failed in exam for direct Recruitment Post MPW and their names.
(This RTI can prove it is a fake exam conducted by the management of PDL by assigned the Roll Number 1001 to R.Shanmugam and 1053 P.Tamizharasan as Roll Number for 53 CLRs only who are all worked in PDL as Daily Rated Casual Labourers, PDL Management conducted a fake exam only for the 53 CLRs, exam written only 53 CLRs and passed all the 53 CLRs and Regularised 53 CLRs.) Page 2 of 4
8. (a) Whether the Board of Directors/ the Director of Industries and Commerce gave approval for creation of Post 53 (MPW) (as per the Provision under item 73 (e) of the Articles of Association creation),
(b) if yes kindly furnish the date of approval and
(c) Furnish the copy of the approval of the Board creation of the 53 Multipurpose worker Post.
9. Name of the Public Information officer in Industries and Commerce replying this RTI in prompt manner
10. Name of the Public Information officer in Puducherry Distilleries Limited replying this RTI in prompt manner.
Statement: W.P. 847/14 & WP.18561/15 High Court, Madras Additional Govt. Pleader Chennai requested the Counter affidavit from the Managing Director of PDL, in this regard under Secretary to Govt sent letter to the Secretary Industries and Commerce to arrange to file counter affidavit within a period of two weeks duly safeguarding the interest of Government Comprehensively, in this regard kindly furnish the following information, 11 Kindly furnish the copy of the counter affidavit submitted to court/the Director of Ind. & Com by the Managing Director of the Puducherry Distilleries Limited for the W.P. 847/14 & WP.18561/15.
Statement: For illegal daily rated Casual Labour engaged in PDL, in this regard public litigation case filled as W.P. 847/14 & WP.18561/15 and the court directed the government to frame a policy for engagement of Project based Casual labour and announced vide G.O Ms. No.15 dated 4th Feb 2021, which is applicable for Puducherry Distilleries Limited but the Managing Director Mr.G.Satchidanandam once again appointed a back door named C.Sathyakumari without the prior approval of the chief secretary in November 2021.in this connection kindly provide information,
12. (a) Provide the name of the Managing Director appointed Daily Rated Casual labour C.Sathyakumari.
(b) Provide information regarding the date of Joining of the Daily Rated casual labour C.Sathyakumari appointed daily rated Casual Labour.
(c) Provide information whether is there any prior permission obtained by the Managing Director Thiru. Satchidanandaham from the Chief Secretary before engaging the person C.Sathyakumari as per order LG announced vide G.O Ms. No.15 dated 4th Feb 2021?
(d) If yes kindly furnish the copy of the permission?
(e) If no provide me the reason as information u/s 4(1)(d) why permission not obtained.
(f) Provide the name of the Managing Director appointed Daily Rated Casual labour C.Sathyakumari in November 2021 by violating the order of the LG vide G.O Ms. No.15 dated 4th Feb 2021 and high court order.
Page 3 of 4Dissatisfied due to non-receipt of any response from the CPIO, the Complainant approached the FAA. The order of the FAA, if any, is not on the record of the Commission. Thereafter, the Complainant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Complainant: Absent Respondent: Mr Muthukrishnan Ast. Director, Present through AC The Complainant remained absent during the hearing. The Respondent submitted that the RTI Application was transferred to the Pondicherry Distillery Ltd. vide letter dated 21.11.2022 and the reply was sent to the Complainant vide letter dated 29.11.2022.
DECISION:
Keeping in view the facts of the case and on the perusal of the documents on record, the Commission observes no such reply, as stated by the CPIO is available on the records of the Commission. Therefore the Commission directs the CPIO to re send the copy of information to the Complainant within a period of 21 days from the date of receipt of this order under the intimation to the Commission.
The Complaint stands disposed accordingly.
(Uday Mahurkar) (उिय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अनिप्रमानणत एवं सत्यानित प्रनत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उि-िंजीयक) 011-26182598 / [email protected] निनांक / Date: 09.10.2023 Page 4 of 4