Central Information Commission
Shrijai Bhagwan vs Employees State Insurance Corporation on 5 August, 2014
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2013/001310/5704
05 August 2014
Relevant Facts emerging from the Appeal:
Appellant : Mr. Jai Bhagwan
S/o Shri Suraj Bhan
Vill & PO: Kurad Ibrahim Pur,
District: Sonepat, Haryana
Respondent : CPIO
ESIC
Panchdeep Bhawan,
CIG Marg, New Delhi
RTI application filed on : 23/01/2013
PIO replied on : 22/02/2013
First appeal filed on : 14/03/2013
First Appellate Authority order : 25/03/2013
Second Appeal received on : 09/05/2013
Information sought:
The appellant has sought the following information:-
1. L No. F No. DM(RH)A-11/15/97-Estt. 5750 dated 23/10/2008.
2. L No. F No. DM(RH)A-11/15/97-Estt. 5853 dated 23/10/2008.
3. Provide the copies of the orders issued by the Govt. for the fixation of salary of the employees and officers under 6th pay commission.
4. Whether the salary of the employees have been fixed according to the pay commission by your department.
5. According to the 6th pay commission, can a junior employee be given more salary than his senior?
6. Provide the copy of the ruling if the junior is getting more salary than his senior in your department.
7. What should an employee do for getting the salary as per the laid rules. Whether he should approach to court or bribe has to be given to the officer.
8. Provide all the information/documents with certification.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Ms. Anita Suresh CPIO's representative & Mr. S P Pandey Page 1 of 2 The CPIO's representative stated that the information requested by the appellant in his RTI application dated 23/01/2013, as available on record, has been provided vide letter dated 22/02/2013 and the reply has been upheld by the FAA vide order dated 25/03/2013. She further stated that the two circulars mentioned under query 1 & 2 have not been issued by the ESIC HQ, copies of guidelines sought under query 3 & 5 are available on the Finance Ministry's website while the information sought under query 6 & 7 are non-specific/seeking answers to hypothetical questions. She added that the department has implemented the 6 th CPC recommendations as applicable to employees of the ESIC and if the appellant mentions any specific case of pay anomaly the same can be examined on merits. The appellant is not present for canvassing his case/contesting the CPIO's representative's submissions.
Decision notice:
From the CPIO's representative's submissions it appears that the information, as available on record, has been provided. If, however, the appellant has any doubt in the matter the CPIO should permit him to inspect the relevant records relating to his RTI application dated 23/01/2013 and also allow him to take photocopies/extracts therefrom, free of cost, upto 5 pages within 15 days from the date of receipt of this order.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2